Reported / Citable
Background
Juan Enrique Hernandez appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. The case had been referred under a general order for the taking of the plea.
After Rule 11 advisements, Hernandez 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
The magistrate judge found that Hernandez understood the charge, penalties, and rights he was waiving; that his plea was knowing, free, and voluntary; and that he was competent to enter it. The magistrate judge also found a sufficient factual basis for the plea.
Accordingly, the magistrate judge found Hernandez guilty and recommended that the district court accept the plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing.
Key Takeaways
- Hernandez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied, including competence, voluntariness, and a factual basis.
- The recommendation was subject to objections within 14 days before the district judge’s review and sentencing.
Why It Matters
The filing is a report and recommendation, not the district court’s final acceptance of the plea or sentence. Unless timely objections are filed, the district court may accept the recommendation and proceed to sentencing.