Reported / Citable
Background
Carlos Gonzalez Tejada 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 magistrate judge to take the plea.
After receiving Rule 11 admonishments, Gonzalez Tejada pleaded guilty without a plea agreement to Count One, illegal reentry into the United States in violation of 8 U.S.C. § 1326. He consented to the magistrate judge taking the plea; sentencing was reserved for the presiding district judge.
The Court’s Holding
Judge Cordova found that Gonzalez Tejada understood the charge, potential penalties, and his constitutional and statutory rights, and that he knowingly and voluntarily waived those rights. The court also found him competent and concluded that his plea was voluntary and supported by a sufficient factual basis.
The magistrate judge found Gonzalez Tejada guilty of the illegal-reentry charge and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation did not itself impose sentence; it referred the matter to Chief U.S. District Judge Alia Moses for sentencing.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge concluded that the Rule 11 plea was knowing, voluntary, and supported by an adequate factual basis.
- The district court will decide whether to accept the recommendation and will conduct sentencing.
Why It Matters
The filing is a report and recommendation following a felony plea hearing, not a final sentencing decision. Parties have 14 days to object; absent timely objections, the report’s proposed findings and conclusions generally face only plain-error review on appeal.