Reported / Citable
Background
Fernando Torres appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. Torres consented to having the magistrate judge take his plea, while sentencing remained with the presiding district judge.
After Rule 11 admonishments, Torres pleaded guilty without a plea agreement to Count One: conspiracy to transport illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I) and (B)(i).
The Court’s Holding
The magistrate judge found that Torres understood the charge, penalties, and rights he was waiving; that he was competent; and that his plea was knowing, free, and voluntary. The magistrate judge also found a sufficient factual basis for the plea and noted that Torres acknowledged possible restitution.
Rather than finally accepting the plea, the magistrate judge recommended that the district judge accept it and enter a judgment of guilt. The parties were advised that objections to the findings and recommendation must be filed within 14 days.
Key Takeaways
- Torres pleaded guilty without a plea agreement to conspiracy to transport illegal aliens.
- The magistrate judge found the Rule 11 requirements satisfied and a factual basis for the plea.
- The recommendation leaves plea acceptance and sentencing for the district judge.
Why It Matters
The filing is a report and recommendation, not a final district-court acceptance of the plea or sentencing decision. Absent timely objections, the district judge may act on the recommendation under the stated review procedures.