Reported / Citable
Background
Cesar Hernan Canales-Membreno was charged in Count One of an indictment with illegal reentry, in violation of 8 U.S.C. § 1326(a). He appeared with counsel before a magistrate judge and pleaded guilty.
Canales-Membreno consented to enter the plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the required Federal Rule of Criminal Procedure 11 colloquy.
The Court’s Holding
Magistrate Judge Robert F. Castaneda found that Canales-Membreno understood the charge, the rights he was waiving, the possible penalties, the immigration consequences of his plea, and the advisory role of the Sentencing Guidelines. The court also found that he was competent and that his plea was free, knowing, voluntary, and supported by a factual basis.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report did not itself finally accept the plea or impose sentence.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326(a).
- The magistrate judge recommended acceptance after finding Rule 11’s requirements satisfied.
- Final acceptance and sentencing remain with the district judge.
Why It Matters
The decision is a procedural plea recommendation, not a merits ruling on the illegal-reentry charge or a sentencing decision. It preserves the defendant’s opportunity to object before sentencing, while warning that failure to object may bar de novo review and appellate review of factual findings later adopted by the district judge.