Reported / Citable
Background
Diego Fabricio Guerra-Gancino was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The case was referred by general order to a U.S. magistrate judge to take his felony guilty plea.
On July 2, 2026, Guerra-Gancino appeared with counsel and consented to have the magistrate judge take his plea. After receiving the required Rule 11 admonishments, he pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Guerra-Gancino understood the charge, possible penalties, and rights he was waiving; entered the plea freely and voluntarily; and was competent to plead guilty. The judge also found a sufficient factual basis for the plea and found Guerra-Gancino guilty of the charge to which he pleaded.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were given 14 days to object to the findings and recommendation.
Key Takeaways
- Guerra-Gancino pleaded guilty to illegal reentry under 8 U.S.C. § 1326.
- He entered the plea without a plea agreement after consenting to proceedings before the magistrate judge.
- The magistrate judge recommended acceptance of the plea; sentencing remained for the presiding district judge.
Why It Matters
The recommendation records the magistrate judge’s Rule 11 findings supporting the validity of the felony guilty plea. It does not impose a sentence or represent the district judge’s final acceptance of the recommendation.