Reported / Citable
Background
Arnold Josue Martinez-Barrera appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. Martinez-Barrera consented to having the magistrate judge take his plea, while sentencing remained for the presiding district judge.
Martinez-Barrera pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States, in violation of 8 U.S.C. § 1326.
The Court’s Holding
After personally advising Martinez-Barrera under Federal Rule of Criminal Procedure 11, the magistrate judge found that he understood the charge, penalties, and rights he was waiving; was competent; and entered his plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Martinez-Barrera guilty of the charged offense. The court recommended that the district judge accept the plea and enter a judgment of guilt, with sentencing to follow before the presiding district judge.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the Rule 11 plea knowing, voluntary, and supported by a factual basis.
- The filing is a recommendation to the district judge; parties had 14 days to object.
Why It Matters
The recommendation clears the case for the district judge to accept the plea formally and proceed to sentencing. Absent timely objections, the proposed findings may receive only limited appellate review under the notice provided in the recommendation.