Reported / Citable
Background
Norma Lizeth Granados-Diaz appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for the taking of her felony guilty plea. The case had been referred under a general order, and Granados-Diaz consented to having the magistrate judge take her plea; sentencing remained for the presiding district judge.
After conducting Rule 11 admonishments, the magistrate judge found that Granados-Diaz understood the charge, penalties, and rights she was waiving. She pleaded guilty without a plea agreement to Count One, illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Granados-Diaz’s plea was knowing, voluntary, and supported by a sufficient factual basis. The judge also found her competent to plead guilty and found her guilty of the charged offense.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation advised the parties that objections must be filed within 14 days and referred the case to the district judge for sentencing.
Key Takeaways
- The magistrate judge recommended acceptance of Granados-Diaz’s guilty plea to illegal reentry under 8 U.S.C. § 1326.
- The plea was entered without a plea agreement after Rule 11 admonishments.
- The district judge, not the magistrate judge, will conduct sentencing.
Why It Matters
The ruling reflects the magistrate judge’s role in conducting felony plea proceedings with the defendant’s consent while leaving final acceptance and sentencing to the district judge. It also preserves the parties’ opportunity to seek district-court review by timely objecting to the recommendation.