Reported / Citable
Background
Hector Esteban Garcia-Centeno appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The case had been referred under a general order for the magistrate judge to take the plea.
After receiving Rule 11 admonishments, Garcia-Centeno consented to having the magistrate judge take 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.
The Court’s Holding
Judge Cordova found that Garcia-Centeno understood the charge, potential penalties, and his constitutional and statutory rights, which he freely and voluntarily waived. The magistrate judge also found Garcia-Centeno competent and his plea voluntary.
The court further found a sufficient factual basis for the guilty plea and found Garcia-Centeno guilty of the charged offense. The magistrate judge recommended that the district judge accept the plea and enter a judgment of guilt; sentencing remains for the presiding district judge.
Key Takeaways
- Garcia-Centeno pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the Rule 11 plea requirements satisfied, including competency, voluntariness, and a factual basis.
- The filing is a recommendation subject to objections, with final acceptance and sentencing left to the district judge.
Why It Matters
The ruling advances the prosecution to sentencing but does not itself reflect the district judge’s final acceptance of the plea or impose a sentence. Parties have 14 days to object to the magistrate judge’s findings and recommendation.