Reported / Citable
Background
Cipriano Montoya Salazar appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for the taking of a felony guilty plea. The matter had been referred under a general order, with sentencing reserved for the presiding district judge.
After Rule 11 admonishments, Montoya Salazar consented to having the magistrate judge take his plea. He 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
The magistrate judge found that Montoya Salazar understood the charge, penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The judge also found that the plea was knowing and voluntary and supported by a sufficient factual basis.
Judge Cordova found Montoya Salazar guilty of the charged offense and recommended that the district court accept the guilty plea and enter a judgment of guilt. The report also noted that Montoya Salazar may be subject to restitution and referred the case to the district judge for sentencing.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge recommended acceptance of the plea after finding Rule 11 requirements satisfied.
- Any objections to the recommendation must be filed within 14 days.
Why It Matters
This is a plea-stage recommendation, not a sentencing decision. Unless timely objections alter the result, the district court may accept the plea, enter judgment, and proceed to sentencing.