Reported / Citable
Background
Juan Ovet Resendiz-Ugarte was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. Under a general order, the matter was referred to U.S. Magistrate Judge JOSEPH A CORDOVA to take Resendiz-Ugarte’s felony guilty plea.
At a July 2, 2026 hearing, Resendiz-Ugarte appeared with counsel and consented to have the magistrate judge take his plea rather than the district judge. After receiving the admonishments required by Federal Rule of Criminal Procedure 11, he pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Resendiz-Ugarte understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge also found that Resendiz-Ugarte was competent, that his plea was free and voluntary, and that a sufficient factual basis supported it.
The magistrate judge found Resendiz-Ugarte guilty of the charge and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were advised that they had 14 days to object to the findings and recommendation.
Key Takeaways
- Resendiz-Ugarte pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the plea satisfied Rule 11 and was knowing, voluntary, and supported by an adequate factual basis.
- The recommendation remains subject to review by the district judge, who will also conduct sentencing.
Why It Matters
The recommendation documents the procedural safeguards required before a federal felony guilty plea may be accepted. It also underscores the magistrate judge’s limited role: taking the plea with the defendant’s consent and recommending acceptance, while leaving entry of judgment and sentencing to the district judge.