Reported / Citable
Background
Rene Santes-Cortez was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The case was referred by general order to U.S. Magistrate Judge Joseph A Cordova to take the defendant’s felony guilty plea under 28 U.S.C. § 636(b)(3).
On July 1, 2026, Santes-Cortez appeared with counsel and consented to having the magistrate judge take his plea. After receiving the required Rule 11 admonishments, he pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Santes-Cortez understood the charge, possible penalties, and the constitutional and statutory rights he was waiving. The judge also found that Santes-Cortez was competent, entered the plea freely and voluntarily, and acknowledged that restitution might apply.
Finding a sufficient factual basis for the plea, the magistrate judge found Santes-Cortez guilty 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; the recommendation itself was not the district judge’s final order accepting the plea.
Key Takeaways
- Santes-Cortez 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, competent, and supported by an adequate factual basis.
- The recommendation remained subject to district-court review, with written objections due within 14 days after receipt.
Why It Matters
The recommendation illustrates the role a magistrate judge may perform, with the defendant’s consent, in taking a felony guilty plea while leaving formal acceptance, entry of judgment, and sentencing to the district judge.
It also underscores the consequence of failing to object timely: unchallenged findings and legal conclusions accepted by the district court generally cannot be attacked on appeal except for plain error.