Reported / Citable
Background
Jorge Ricardo Perez-Perez appeared with counsel before U.S. Magistrate Judge Susan Hightower to enter a felony guilty plea. With counsel’s advice, Perez-Perez consented to the magistrate judge conducting the plea proceeding, subject to final approval and sentencing by the district judge.
During the October 13, 2026 hearing, the magistrate judge personally addressed Perez-Perez in open court, provided the admonishments required by Federal Rule of Criminal Procedure 11, and determined that he understood them. Perez-Perez pleaded guilty to one count of illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Perez-Perez understood the nature of the charge and the possible penalties, understood his constitutional and statutory rights and the effect of waiving them, and entered the plea freely and voluntarily. The magistrate judge also found that Perez-Perez was competent to plead guilty and that the plea had a factual basis.
Based on those findings, the magistrate judge recommended that District Judge Andrew Davis accept the guilty plea and, after reviewing the presentence investigation report, enter a final judgment of guilt. The report and recommendation did not itself accept the plea, enter judgment, or impose a sentence.
Key Takeaways
- Perez-Perez pleaded guilty to one count of illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a factual basis.
- The recommendation remained subject to review and final action by the district judge, and the parties had 14 days after service to file specific written objections.
Why It Matters
The report documents the Rule 11 safeguards required before a federal court may accept a felony guilty plea. It confirms that the defendant received the required advisements and that the magistrate judge evaluated his understanding, voluntariness, competence, and the factual basis for the plea.
Procedurally, the decision is a recommendation rather than a final adjudication. Acceptance of the plea, entry of judgment, and sentencing remained for the district judge.