Reported / Citable
Background
Javier Hernandez Jr. appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The matter had been referred under a general order for the magistrate judge to take the plea.
After receiving Rule 11 admonishments, Hernandez consented to the magistrate judge taking his plea. He pleaded guilty, without a plea agreement, to Count One of the indictment: receiving stolen government money or property, in violation of 18 U.S.C. § 641.
The Court’s Holding
The magistrate judge found that Hernandez 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 further found an adequate factual basis for the plea and found Hernandez guilty of the charged offense. The judge recommended that the district court accept the plea and enter a judgment of guilt, with sentencing to be conducted by Chief U.S. District Judge Alia Moses.
Key Takeaways
- Hernandez pleaded guilty without a plea agreement to receiving stolen government money or property under 18 U.S.C. § 641.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a sufficient factual basis.
- The document is a recommendation; parties have 14 days to object before the district court acts on it.
Why It Matters
The recommendation advances the case to district-court acceptance of the plea and sentencing. It also preserves the parties’ opportunity to seek de novo review by timely objecting to the magistrate judge’s proposed findings and recommendation.