Reported / Citable
Background
Baudelio Landa-Sarmiento appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Landa-Sarmiento that he could have his plea taken by a district judge and gave the required Federal Rule of Criminal Procedure 11 admonishments.
Landa-Sarmiento consented to the magistrate judge taking his plea and pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing was reserved for Chief U.S. District Judge Alia Moses.
The Court’s Holding
The magistrate judge found that Landa-Sarmiento 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 judge also found a sufficient factual basis for the plea.
Accordingly, the magistrate judge found Landa-Sarmiento guilty of the charged offense and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation remained subject to objections and district-court review.
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, including competence, voluntariness, and a factual basis.
- The magistrate judge recommended acceptance of the plea; the district judge would conduct sentencing.
Why It Matters
The filing is a report and recommendation, not a final district-court acceptance of the plea. Parties had 14 days to object, and failure to object could limit later review.