Reported / Citable
Background
Paulo Luis Ballesteros-Flores appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The case had been referred under a general order for the magistrate judge to take the plea.
After Rule 11 admonishments, Ballesteros-Flores consented to having the magistrate judge take 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.
The Court’s Holding
The magistrate judge found that Ballesteros-Flores understood the charge, penalties, and his constitutional and statutory rights; voluntarily waived those rights; was competent; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
Accordingly, the magistrate judge found Ballesteros-Flores guilty of the offense to which he pleaded and recommended that the district judge accept the guilty plea and enter a judgment of guilt. Sentencing was referred to 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’s findings followed a Rule 11 plea colloquy and included competency, voluntariness, and factual-basis determinations.
- The recommendation was subject to objections within 14 days; sentencing remained with the presiding district judge.
Why It Matters
This is a findings-and-recommendation order, not a final acceptance of the plea by the district court. Unless objections alter the outcome, the district judge may accept the recommendation, enter judgment, and proceed to sentencing.