Reported / Citable
Background
Jose Edilberto Flores-Delgado appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Flores-Delgado of his right to have the plea taken by the district judge and conducted the Rule 11 colloquy.
Flores-Delgado, represented by counsel, consented to the magistrate judge taking his plea. He pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing remains assigned to District Judge Ernest Gonzalez.
The Court’s Holding
The magistrate judge found that Flores-Delgado understood the charge, potential penalties, and his constitutional and statutory rights; that he knowingly and voluntarily waived those rights; and that he was competent to plead guilty.
The magistrate judge further found a sufficient factual basis for the plea, found Flores-Delgado guilty of the charged offense, and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation advised the parties that objections must be filed within 14 days.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge concluded that the Rule 11 requirements were satisfied and that a factual basis supported the plea.
- The filing is a recommendation to the district judge; sentencing has not yet occurred.
Why It Matters
The recommendation clears the case for the district court to accept the plea and proceed to sentencing. It does not impose sentence or resolve any sentencing issues.