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United States v. Garay-Barela — magistrate judge recommends accepting guilty plea to illegal reentry

Reported / Citable

Case
United States of America v. Elmer Joel Garay-Barela
Court
U.S. District Court — Western District of Texas
Judge
Joseph A. Cordova
Date Decided
August 27, 2026
Docket No.
DR:26-CR-01828(1)-AM
Topics
Illegal reentry; Guilty plea; Rule 11; Magistrate judge recommendation

Background

Elmer Joel Garay-Barela was charged in the Western District of Texas with illegal reentry into the United States, in violation of 8 U.S.C. § 1326. The case was referred by general order to Magistrate Judge Joseph A. Cordova to take the felony guilty plea.

At an August 27, 2026 hearing, Garay-Barela appeared with counsel and consented to having the magistrate judge take his plea. He pleaded guilty without a plea agreement to Count One of the indictment.

The Court’s Holding

After conducting the Rule 11 colloquy, Magistrate Judge Cordova found that Garay-Barela understood the charge, potential penalties, and his constitutional and statutory rights, and that he knowingly and voluntarily waived those rights.

The magistrate judge also found Garay-Barela competent, concluded that a sufficient factual basis supported the plea, and found him guilty of the charged offense. The judge recommended that the district court accept the guilty plea and enter a judgment of guilt; sentencing remains for the presiding district judge.

Key Takeaways

  • The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
  • The magistrate judge found the plea knowing, voluntary, and supported by a sufficient factual basis.
  • The filing is a recommendation to the district judge, with objections due within 14 days.

Why It Matters

The recommendation clears the way for the district court to accept Garay-Barela’s guilty plea and proceed to sentencing. Parties who do not timely object risk forfeiting de novo review and generally may challenge unobjected-to findings on appeal only for plain error.

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