Reported / Citable
Background
Cervando Lares-Lozano, also known as Cervando Lozano Lares, was charged by indictment with illegal reentry in violation of 8 U.S.C. § 1326(a). On September 1, 2026, he appeared with counsel before U.S. Magistrate Judge Miguel A. Torres and pleaded guilty to the indictment.
Lares-Lozano consented to entering his plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the plea colloquy required by Federal Rule of Criminal Procedure 11.
The Court’s Holding
The magistrate judge found that Lares-Lozano was competent and entered his plea freely, knowingly, and voluntarily. The judge also found that Lares-Lozano understood the charge, his trial rights, the immigration consequences of pleading guilty, the possible penalties, and the advisory role of the Sentencing Guidelines.
The magistrate judge further found that the plea was not induced by promises, threats, force, or threats of force and that a factual basis supported it. Based on those findings, the judge recommended that the district judge accept the guilty plea and enter a judgment of guilt; the report itself did not finally accept the plea or impose sentence.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326(a).
- The Rule 11 colloquy supported findings that the plea was knowing, voluntary, and factually supported.
- Acceptance of the plea and entry of judgment remain subject to the district judge’s approval, and sentencing remains pending.
Why It Matters
The report documents the procedural safeguards used when a magistrate judge takes a felony guilty plea with the defendant’s consent. It confirms that the defendant was advised of his constitutional rights, sentencing exposure, and immigration consequences before pleading guilty.
The recommendation also preserves the district judge’s ultimate authority to accept the plea and enter judgment. Written objections to the report must be filed before sentencing to preserve covered issues for de novo determination and appellate review as described in the notice.