Reported / Citable
Background
Kevin Armando Gonzalez-Funez appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The case had been referred under a general order for the taking of the plea, while sentencing remained with the presiding district judge.
After Rule 11 admonishments, Gonzalez-Funez consented to the magistrate judge taking his plea and pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Gonzalez-Funez understood the charge, potential penalties, and his constitutional and statutory rights; that he knowingly and voluntarily waived those rights; and that he was competent to plead guilty.
The magistrate judge also found a sufficient factual basis for the plea and found Gonzalez-Funez guilty of the charged offense. The court recommended that the district judge accept the plea and enter a judgment of guilt, with sentencing to be conducted by 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 Rule 11 plea knowing, voluntary, competent, and supported by a factual basis.
- The filing is a recommendation; parties have 14 days to object, and the district judge will conduct sentencing.
Why It Matters
The order illustrates the use of a magistrate judge to conduct a felony plea proceeding with the defendant’s consent, while leaving acceptance of the recommendation and sentencing to the district judge. It does not impose sentence or resolve any objection to the plea.