Reported / Citable
Background
Jose Antonio Ortez-Benitez was charged with illegal reentry into the United States, in violation of 8 U.S.C. § 1326. The case was referred by general order to Magistrate Judge Joseph A. Cordova to take the defendant’s felony guilty plea.
At an August 27, 2026 hearing, Ortez-Benitez appeared with counsel and consented to having the magistrate judge take his plea. He pleaded guilty to Count One without a plea agreement. Sentencing remains before the presiding district judge.
The Court’s Holding
Magistrate Judge Cordova found that Ortez-Benitez understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent to plead; and entered his plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Ortez-Benitez guilty of the offense to which he pleaded. The judge recommended that the district court accept the guilty plea and enter a judgment of guilt, subject to the parties’ opportunity to object.
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 colloquy supported a knowing, voluntary, and competent plea.
- The filing is a recommendation to the district judge, who will conduct sentencing.
Why It Matters
The recommendation clears the case for district-court review of the guilty plea and subsequent sentencing. Parties have 14 days to file written objections; failure to object may limit appellate review of accepted findings and conclusions to plain error.