Reported / Citable
Background
Wilmer Guardado-Lopez appeared with counsel before a magistrate judge for a felony guilty-plea proceeding. The case had been referred under a general order for the taking of the plea.
After Rule 11 admonishments, Guardado-Lopez consented to having the magistrate judge take his plea. He 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
Magistrate Judge Joseph A. Cordova found that Guardado-Lopez understood the charge, potential penalties, and his rights; voluntarily waived those rights; was competent; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
The magistrate judge found Guardado-Lopez guilty of Count One and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation remained subject to objections and district-court review; sentencing was referred to the presiding district judge.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge concluded that the Rule 11 requirements were satisfied.
- The document is a recommendation to accept the plea, not a final district-court acceptance order.
Why It Matters
The opinion illustrates the magistrate-judge role in felony plea proceedings: with the defendant’s consent, a magistrate judge may conduct the Rule 11 colloquy and recommend acceptance, while the district judge retains responsibility for final action and sentencing.