Reported / Citable
Background
Selvin Ademar Vaides-Escobar appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Vaides-Escobar that he could have his plea taken by the district judge and gave the Rule 11 admonishments.
Vaides-Escobar pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing was reserved for Chief U.S. District Judge Alia Moses.
The Court’s Holding
Judge Cordova found that Vaides-Escobar consented to the magistrate judge’s taking of his plea; understood the charge, penalties, and rights he was waiving; and entered the plea freely and voluntarily. The magistrate judge also found Vaides-Escobar competent and concluded that a sufficient factual basis supported the plea.
The magistrate judge found Vaides-Escobar guilty of the charged offense and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation remains subject to objections and district-court review.
Key Takeaways
- Vaides-Escobar pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the Rule 11 requirements were satisfied.
- The filing is a findings-and-recommendation document; sentencing and final acceptance are for the district judge.
Why It Matters
The decision illustrates the magistrate judge’s role in conducting a felony plea proceeding with the defendant’s consent while leaving sentencing to the presiding district judge. It does not itself impose sentence.