Reported / Citable
Background
Edwin Alfonso Vera-Delgado appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The matter had been referred under a general order for the magistrate judge to take the plea.
After receiving Rule 11 admonishments, Vera-Delgado consented to the magistrate judge’s taking of his plea. He pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing remained for the presiding district judge.
The Court’s Holding
The magistrate judge found that Vera-Delgado understood the charge, penalties, and rights at issue; knowingly and voluntarily waived his rights; was competent to plead; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
Judge Cordova found Vera-Delgado guilty of the offense to which he pleaded and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation was subject to objections within 14 days and final action by U.S. District Judge Ernest Gonzalez.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge concluded that the Rule 11 plea requirements were satisfied.
- The document is a recommendation; the district judge retains responsibility for accepting the plea and imposing sentence.
Why It Matters
The decision illustrates the magistrate-judge plea procedure in felony cases when the defendant consents. Although the magistrate judge made the relevant plea findings, the recommendation allowed objections and left final acceptance and sentencing to the district court.