Reported / Citable
Background
Oscar Mauricio Membreno-Suate appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The matter had been referred to the magistrate judge under a general order for the taking of the plea.
After receiving Rule 11 admonishments, Membreno-Suate pleaded guilty without a plea agreement to Count One, illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing remained for the presiding district judge, Ernest Gonzalez.
The Court’s Holding
Judge Cordova found that Membreno-Suate knowingly and voluntarily waived his rights, understood the charge and potential penalties, was competent to plead, and that a sufficient factual basis supported the plea. The magistrate judge also found him guilty of the charged offense.
The magistrate judge recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation advised the parties that objections were due within 14 days.
Key Takeaways
- The plea was to illegal reentry under 8 U.S.C. § 1326 and was entered without a plea agreement.
- The magistrate judge found the plea voluntary, competent, and supported by an adequate factual basis.
- The filing is a recommendation; acceptance of the plea and sentencing remain before the district judge.
Why It Matters
The decision documents completion of the Rule 11 plea colloquy and clears the case for district-court review and sentencing. It does not itself impose a sentence.