Reported / Citable
Background
Jose Adrian Ortiz-Hernandez appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova to enter a felony guilty plea. The matter had been referred to the magistrate judge under a general order for the taking of the plea.
After being advised of his right to have a district judge take the plea and receiving the admonishments required by Federal Rule of Criminal Procedure 11, Ortiz-Hernandez pleaded guilty without a plea agreement to Count One of the indictment: 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
The magistrate judge found that Ortiz-Hernandez consented, with counsel’s advice, to having the magistrate judge take his plea; understood the charge, potential penalties, and his constitutional and statutory rights; and freely and voluntarily waived those rights. The court also found him competent and determined that the plea was voluntary and supported by a sufficient factual basis.
The magistrate judge found Ortiz-Hernandez guilty of the charge to which he pleaded and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were notified that objections to the findings and recommendation were due within 14 days of receipt.
Key Takeaways
- Ortiz-Hernandez pleaded guilty to conspiracy to transport illegal aliens without a plea agreement.
- The magistrate judge found that the Rule 11 requirements were satisfied and that the plea was knowing, voluntary, competent, and factually supported.
- The magistrate judge recommended acceptance of the plea and entry of judgment, while sentencing remained for the presiding district judge.
Why It Matters
The recommendation documents the procedural findings necessary for a district judge to accept a felony guilty plea taken by a magistrate judge. It also preserves the distinction between the magistrate judge’s recommendation concerning acceptance of the plea and the district judge’s responsibility for sentencing.