Reported / Citable
Background
Marco Antonio Cuevas-Hernandez appeared with counsel before a magistrate judge in the El Paso Division of the Western District of Texas. He pleaded guilty, under a plea agreement, to Count One of the indictment, which charged illegal reentry in violation of 8 U.S.C. § 1326.
Cuevas-Hernandez consented to enter his plea before the magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the plea colloquy required by Federal Rule of Criminal Procedure 11.
The Court’s Holding
Magistrate Judge Robert F. Castaneda found that Cuevas-Hernandez understood the charge, the consequences of pleading guilty, the trial rights he was relinquishing, the potential penalties, and the terms of his plea agreement. The court also found that he understood the agreement’s appeal and collateral-attack waiver and the immigration consequences of his plea.
The magistrate judge further found that Cuevas-Hernandez was competent and that his plea was free, knowing, voluntary, and supported by a factual basis. The report therefore recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The filing is a report and recommendation; the district judge retains final authority to accept the plea and impose sentence.
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 pursuant to a plea agreement.
- Written objections before sentencing may be necessary to preserve review of factual findings adopted by the district judge.
Why It Matters
The recommendation records the Rule 11 findings supporting acceptance of Cuevas-Hernandez’s guilty plea, including competency, voluntariness, and a factual basis. It moves the prosecution toward final plea acceptance and sentencing, while leaving the final decision to the district judge.