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USA v. Itehua-Itehua — Magistrate accepts guilty plea to illegal reentry

Reported / Citable

Case
United States of America v. Pedro Itehua-Itehua
Court
U.S. District Court, Western District of Texas (Del Rio Division)
Judge
JOSEPH A CORDOVA (U.S. District Court for the Western District of Texas, 2023)
Date Decided
May 21, 2026
Docket No.
2:26-cr-01227
Topics
Immigration, Illegal Reentry, Guilty Plea, Criminal Procedure
Source
Read the full opinion

Background

Pedro Itehua-Itehua was charged with one count of illegal reentry into the United States in violation of 8 U.S.C. § 1326. The case was referred to a United States Magistrate Judge for the taking of his felony guilty plea pursuant to 28 U.S.C. § 636(b)(3). No plea agreement was reached between the government and defendant.

The Court’s Holding

The magistrate judge accepted Itehua-Itehua’s guilty plea to Count One of the indictment. The court found that the defendant, with counsel present, had knowingly and voluntarily waived his constitutional and statutory rights, understood the nature of the charges and applicable penalties, and was competent to enter a guilty plea without a plea agreement. The magistrate judge determined there was a sufficient factual basis for the guilty plea.

The magistrate judge recommended acceptance of the guilty plea and entry of a judgment of guilty. The case has been referred to the presiding District Judge for sentencing. The defendant was advised that he may be subject to restitution.

Key Takeaways

  • Defendant entered unconditional guilty plea to illegal reentry without benefit of plea agreement
  • Magistrate found plea was made knowingly, voluntarily, and with adequate factual basis
  • All Rule 11 advisements were given and constitutional waivers confirmed
  • District Judge will conduct sentencing and may impose restitution

Why It Matters

This case illustrates the standard procedure in the Fifth Circuit for handling illegal reentry prosecutions under 8 U.S.C. § 1326, a felony charge common in border districts. The magistrate’s acceptance of the guilty plea and recommendation to the District Judge for sentencing reflects the two-step process used for felony guilty pleas in federal district courts.

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