Reported / Citable
Background
Francisco Negrete-Padilla appeared with counsel before a magistrate judge for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised him that he could have his plea taken by the district judge and gave the Rule 11 admonishments.
Negrete-Padilla consented to the magistrate judge taking the plea and pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing remains assigned to the presiding district judge.
The Court’s Holding
Magistrate Judge Joseph A Cordova found that Negrete-Padilla understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The court also found the plea voluntary and supported by a sufficient factual basis.
The magistrate judge found Negrete-Padilla guilty of the charged offense and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation is subject to objections within 14 days.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the Rule 11 plea requirements were satisfied.
- The document is a recommendation to the district judge; sentencing has not yet occurred.
Why It Matters
The recommendation moves the case from the plea stage toward sentencing while preserving the parties’ opportunity to object. It also illustrates the use of a magistrate judge, with the defendant’s consent, to conduct a felony guilty-plea proceeding before the district judge acts on the recommendation.