Reported / Citable
Background
Erika Zulema Gonzalez-Alvarez was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The matter was referred by general order to a U.S. magistrate judge to take her felony guilty plea.
On July 1, 2026, Gonzalez-Alvarez appeared with counsel and consented to have the magistrate judge take her plea. After receiving the required Rule 11 admonishments, she pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Gonzalez-Alvarez understood the charge, possible penalties, and the constitutional and statutory rights she was waiving. The judge also found that she was competent, that her plea was free and voluntary, and that a sufficient factual basis supported it.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The case was referred to the presiding district judge for sentencing, and the parties were given 14 days after receiving the report to file objections.
Key Takeaways
- Gonzalez-Alvarez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found that the plea complied with Rule 11 and was knowing, voluntary, and factually supported.
- The filing is a recommendation to the district judge, who will conduct sentencing.
Why It Matters
The recommendation documents the procedural findings required before a federal felony guilty plea may be accepted. It also preserves the distinction between the magistrate judge’s role in taking the plea and the district judge’s authority to accept the recommendation, enter judgment, and impose sentence.