Reported / Citable
Background
Selvin Omar Mendoza-Lovo, also known as Diego Fernando Gonzalez Cerritos, was indicted for illegal reentry under 8 U.S.C. §§ 1326(a) and 1326(b)(1). On August 31, 2026, he appeared with counsel before U.S. Magistrate Judge Miguel A. Torres and pleaded guilty to the indictment.
Mendoza-Lovo consented to entering his plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. During the plea hearing, the magistrate judge advised him of the rights, consequences, and potential penalties associated with pleading guilty, as required by Federal Rule of Criminal Procedure 11.
The Court’s Holding
The magistrate judge found that Mendoza-Lovo was competent and that his plea was knowing, voluntary, and supported by a factual basis. The judge also found that Mendoza-Lovo understood the charge, the immigration consequences of his plea, the possible penalties, his trial rights, and the advisory role of the Sentencing Guidelines.
Based on those findings, the magistrate judge recommended that the district judge accept Mendoza-Lovo’s guilty plea and enter a judgment of guilt. The report and recommendation did not itself finally accept the plea or impose a sentence.
Key Takeaways
- Mendoza-Lovo pleaded guilty to illegal reentry under 8 U.S.C. §§ 1326(a) and 1326(b)(1).
- The magistrate judge concluded that the plea satisfied Rule 11 because it was knowing, voluntary, and factually supported.
- Acceptance of the plea and entry of judgment remained subject to action by the presiding district judge.
Why It Matters
The report documents the procedural safeguards required before a federal court may accept a guilty plea, including confirmation that the defendant understands his constitutional rights, sentencing exposure, and immigration consequences.
Because the filing is a magistrate judge’s recommendation rather than a final judgment, the district judge retains responsibility for accepting the plea, entering a judgment of guilt, and imposing sentence.