Reported / Citable
Background
Jose Juan Pastor-Venancio appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. Pastor-Venancio consented to having the magistrate judge take his plea, while sentencing remained assigned to the presiding district judge.
Pastor-Venancio pleaded guilty without a plea agreement to Count One, charging illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
After conducting Rule 11 admonishments, the magistrate judge found that Pastor-Venancio understood the charge, penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty.
The magistrate judge also found the plea voluntary and supported by a sufficient factual basis, found Pastor-Venancio guilty of the charged offense, and recommended that the district judge accept the plea and enter a judgment of guilt. The recommendation remained 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 found the Rule 11 requirements satisfied and a factual basis for the plea.
- The district judge, not the magistrate judge, retained responsibility for sentencing and for acting on the recommendation.
Why It Matters
The filing is a report and recommendation, not a final district-court acceptance of the plea. Absent timely objections, the district court may accept the proposed findings and proceed to sentencing.