Reported / Citable
Background
Joffre Leonardo Pastuna-Gavilanes 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 required Rule 11 admonishments.
Pastuna-Gavilanes 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 remained with the presiding district judge.
The Court’s Holding
The magistrate judge found that Pastuna-Gavilanes consented to the magistrate judge’s taking of his plea; understood the charge, penalties, and rights he was waiving; was competent; and entered the plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Pastuna-Gavilanes guilty of the charge to which he pleaded. The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt.
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 recommendation was subject to objections; sentencing was referred to the district judge.
Why It Matters
This is a guilty-plea recommendation, not a final sentencing ruling. The district judge retains responsibility for accepting the recommendation and imposing sentence, subject to any timely objections.