Reported / Citable
Background
Sergio Rodolfo Pablo-Guevara appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The matter had been referred under a general order for the magistrate judge to take the plea.
Pablo-Guevara pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States, in violation of 8 U.S.C. § 1326. Sentencing remains assigned to Chief U.S. District Judge Alia Moses.
The Court’s Holding
The magistrate judge found that Pablo-Guevara consented to having the plea taken by the magistrate judge; understood the charge, penalties, and his rights; and knowingly, freely, and voluntarily waived those rights.
The magistrate judge further found Pablo-Guevara competent and concluded that a sufficient factual basis supported the plea. The court recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The recommendation concerns a guilty plea to illegal reentry under 8 U.S.C. § 1326.
- The plea was entered without a plea agreement.
- Parties have 14 days to object to the findings and recommendation.
Why It Matters
This is a magistrate judge’s recommendation, not the district court’s final acceptance of the plea or sentencing decision. Absent timely objections, the district judge may accept the recommendation, with appellate review of unobjected-to matters generally limited to plain error.