Reported / Citable
Background
Jose Juan Murillo-Perez appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The case had been referred under a general order for the taking of the plea, while sentencing remained with the presiding district judge.
After receiving Rule 11 admonishments, Murillo-Perez consented to having the magistrate judge take his plea. He pleaded guilty without a plea agreement to Count One: conspiracy to transport illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I) and (B)(i).
The Court’s Holding
Judge Cordova found that Murillo-Perez understood the charge, penalties, and rights he was waiving; was competent; and entered the plea freely and voluntarily. The magistrate judge also found an adequate factual basis for the plea and found Murillo-Perez guilty of the charged offense.
The magistrate judge recommended that the district court accept the guilty plea and enter a judgment of guilt. The report advised the parties that objections were due within 14 days and that failure to object could limit district-court and appellate review.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to conspiracy to transport illegal aliens.
- The magistrate judge found the Rule 11 plea requirements satisfied, including voluntariness, competency, and a factual basis.
- The recommendation leaves acceptance of the plea and entry of judgment to the district judge, with sentencing to follow before that judge.
Why It Matters
The decision is a procedural guilty-plea recommendation, not a sentencing ruling. It reflects the magistrate judge’s conclusion that the plea is valid and should be accepted, subject to the parties’ opportunity to object and the district judge’s review.