Reported / Citable
Background
Wilmer Gabidio Hernandez-Gonzalez was charged in Count One of the indictment with illegal reentry into the United States, in violation of 8 U.S.C. § 1326. The case was referred to Magistrate Judge Joseph A Cordova under a general order for the taking of a felony guilty plea.
At a July 2, 2026 hearing, Hernandez-Gonzalez appeared with counsel, consented to the magistrate judge taking his plea, and pleaded guilty without a plea agreement. Sentencing remained before the presiding district judge.
The Court’s Holding
After conducting Rule 11 admonishments, the magistrate judge found that Hernandez-Gonzalez understood the charge, penalties, and rights at issue; knowingly and voluntarily waived his rights; was competent; and entered his plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the guilty plea and found Hernandez-Gonzalez guilty of the illegal-reentry charge. The magistrate judge recommended that the district judge accept the plea and enter a judgment of guilt.
Key Takeaways
- The recommendation concerned acceptance of a guilty plea, not sentencing.
- Hernandez-Gonzalez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- Parties had 14 days to object to the findings and recommendation.
Why It Matters
The opinion documents a magistrate judge’s Rule 11 determination that the defendant’s guilty plea was knowing, voluntary, competent, and supported by a factual basis. It leaves final acceptance of the plea and sentencing to the district judge.