Reported / Citable
Background
Dulany Maldonado-Herrera 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 taking of the plea.
After receiving Rule 11 admonishments, Maldonado-Herrera pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing remains with the presiding district judge.
The Court’s Holding
The magistrate judge found that Maldonado-Herrera knowingly and voluntarily consented to having the magistrate judge take his plea; understood the charge, penalties, and rights he was waiving; and was competent to plead guilty.
The court further found a sufficient factual basis for the plea and found Maldonado-Herrera guilty of the charged offense. Judge Cordova recommended that the district court accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the Rule 11 plea was knowing, voluntary, and supported by a factual basis.
- The recommendation is subject to objections within 14 days, and sentencing will be conducted by the district judge.
Why It Matters
This is a recommendation, not a final plea-acceptance order by the district court. Unless timely objections are filed, the district judge may accept the recommendation and proceed to sentencing.