Reported / Citable
Background
Edwag Del Valle Castaneda Gomez appeared with counsel before U.S. Magistrate Judge Susan Hightower to enter a felony guilty plea. He had consented to have the magistrate judge conduct the plea proceeding, subject to the district judge’s final approval and sentencing.
During the July 28, 2026 hearing, the magistrate judge personally addressed Gomez in open court, provided the admonishments required by Federal Rule of Criminal Procedure 11, and determined that he understood them. Gomez pleaded guilty to one count of illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Gomez understood the nature of the charge and its possible penalties, as well as his constitutional and statutory rights and the consequences of waiving them. She further found that his guilty plea was knowing and voluntary, that he was competent to plead guilty, and that the plea had a factual basis.
Based on those findings, the magistrate judge recommended that the district court accept Gomez’s guilty plea and, after reviewing the presentence investigation report, enter a final judgment of guilt. The report and recommendation did not itself accept the plea, enter judgment, or impose a sentence.
Key Takeaways
- Gomez pleaded guilty to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found that the plea satisfied Rule 11’s requirements, including competence, voluntariness, and a factual basis.
- The recommendation remains subject to the district court’s review, final acceptance of the plea, and sentencing.
Why It Matters
The report documents the procedural safeguards required before a federal court may accept a felony guilty plea. It also underscores the limited posture of a magistrate judge’s plea recommendation: final approval and entry of judgment remain with the district judge.
The parties may file specific written objections within 14 days after service. Failure to do so may forfeit de novo district-court review and, except for plain error, appellate review of accepted findings and legal conclusions.