Reported / Citable
Background
Marlon Alfredo Puerto-Cruz appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. Puerto-Cruz consented to having the magistrate judge take his plea, while sentencing remained for the presiding district judge.
Puerto-Cruz 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 Puerto-Cruz understood the charge, penalties, and rights he was waiving; was competent; and entered his plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Puerto-Cruz guilty of the charge. The court recommended that the district judge accept the guilty plea and enter a judgment of guilt; the parties were given 14 days to object.
Key Takeaways
- The recommendation concerns a guilty plea to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found the Rule 11 requirements satisfied, including voluntariness, competency, and a factual basis.
- The recommendation was referred to the district judge for any objections, acceptance, and sentencing.
Why It Matters
This is a guilty-plea recommendation, not a final district-court acceptance or sentencing decision. Absent timely objections, the district judge may accept the recommendation and proceed to sentencing.