Reported / Citable
Background
Franki Cedillo-Rocel appeared with counsel for a guilty-plea hearing on an indictment charging one count of illegal reentry under 8 U.S.C. § 1326(a).
Cedillo-Rocel consented to enter the plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. After Rule 11 admonishments, he pleaded guilty.
The Court’s Holding
Magistrate Judge Robert F. Castaneda found that Cedillo-Rocel understood the charge, the rights waived by pleading guilty, the possible penalties, the immigration consequences, and the court’s sentencing responsibilities.
The magistrate judge further found that the plea was knowing, voluntary, and supported by a factual basis. The report therefore recommended that the district judge accept the plea and enter a judgment of guilt.
Key Takeaways
- This was a report and recommendation, not a final acceptance of the plea by the district judge.
- The defendant consented to plea proceedings before the magistrate judge.
- Written objections before sentencing may be required to preserve review of factual findings adopted by the district judge.
Why It Matters
The order documents Rule 11 compliance and clears the way for the district judge to decide whether to accept the guilty plea and later impose sentence. It also warns that failing to object before sentencing may foreclose de novo and appellate review of adopted factual findings.