Reported / Citable
Background
Francisco Javier Herrera-Lopez appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova to enter a felony guilty plea. Herrera-Lopez consented to having the magistrate judge take his plea after being advised that he had the right to have the plea taken by the district judge.
Following the required Rule 11 admonishments, Herrera-Lopez pleaded guilty without a plea agreement to Count One of the indictment, which charged illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing remained for the presiding district judge.
The Court’s Holding
The magistrate judge found that Herrera-Lopez understood the charge, potential penalties, and his constitutional and statutory rights, and that he freely and voluntarily waived those rights. The court further found him competent, determined that his plea was knowing and voluntary, and concluded that the plea had a sufficient factual basis.
Based on those findings, the magistrate judge recommended that the district judge accept Herrera-Lopez’s guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were notified that they had 14 days to object to the findings and recommendation.
Key Takeaways
- Herrera-Lopez pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a sufficient factual basis.
- The recommendation does not impose a sentence; sentencing remains with the presiding district judge.
Why It Matters
The recommendation records the Rule 11 findings required before the district court may accept Herrera-Lopez’s felony guilty plea. It also preserves the parties’ opportunity to seek district-court review by filing timely objections.