Reported / Citable
Background
Nolvin Rene Caballero-Calderon was charged with one count of Illegal Re-entry into the United States in violation of 8 U.S.C. § 1326(a). On July 1, 2026, the defendant appeared before United States Magistrate Judge Susan Hightower with counsel for a guilty plea proceeding pursuant to Federal Rules of Criminal Procedure Rule 11. The defendant, with the advice of his attorney, consented to enter the guilty plea before the Magistrate Judge, with final approval and sentencing to be handled by District Judge Andrew Davis.
The Court’s Holding
The Magistrate Judge found that all requirements for a valid guilty plea were satisfied. The defendant fully understood the nature of the charge and possible penalties; understood his constitutional and statutory rights and the consequences of waiving them; made the plea freely and voluntarily; was competent to enter the plea; and there existed a factual basis for the guilty plea. The defendant also waived prosecution by indictment.
Based on these findings, the Magistrate Judge recommended that the District Court accept the defendant’s guilty plea and, after reviewing the presentence investigation report, enter a final judgment of guilt against him. Parties have 14 days to file objections to this recommendation.
Key Takeaways
- All Federal Rule of Criminal Procedure Rule 11 requirements for a knowing and voluntary guilty plea were satisfied.
- The defendant understood and waived his right to prosecution by indictment.
- The case will proceed to the District Judge for final acceptance of the plea and sentencing.
Why It Matters
This case involves enforcement of 8 U.S.C. § 1326(a), the federal statute criminalizing illegal re-entry into the United States after deportation or removal. Such prosecutions are common in border regions and reflect ongoing federal immigration enforcement priorities.