Reported / Citable
Background
Pedro Guardiola-Hernandez 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, Guardiola-Hernandez consented to having the magistrate judge take his plea. He 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
Magistrate Judge Cordova found that Guardiola-Hernandez understood the charge, penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent to plead; and entered his plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Guardiola-Hernandez guilty of the charged offense. The judge recommended that District Judge Ernest Gonzalez accept the guilty plea and enter a judgment of guilt; sentencing remained for the district judge.
Key Takeaways
- The defendant 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.
- The filing is a recommendation to accept the plea, subject to objections and district-court action.
Why It Matters
The order confirms that the plea proceeding produced findings supporting acceptance of the guilty plea, but it does not itself impose sentence or reflect the district judge’s final acceptance of the recommendation. Parties had 14 days to object.