Reported / Citable
Background
Jose David Lopez-Montoya 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 being advised of his right to have the district judge take the plea, Lopez-Montoya consented to proceeding before the magistrate judge. 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
The magistrate judge found that Lopez-Montoya understood the charge, potential penalties, and his constitutional and statutory rights, and that he voluntarily waived those rights. The court also found him competent, determined that the plea was voluntary, and concluded that a sufficient factual basis supported the plea.
Judge Cordova found Lopez-Montoya guilty of the charge to which he pleaded and recommended that Chief U.S. District Judge Alia Moses accept the guilty plea and enter a judgment of guilt. The matter was referred to the district judge for sentencing.
Key Takeaways
- Lopez-Montoya pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found the Rule 11 plea requirements satisfied, including competence, voluntariness, and a factual basis.
- The filing is a recommendation, and the parties had 14 days to object before the district court acts on it.
Why It Matters
The recommendation advances the case to district-court review and sentencing, subject to any timely objections. It does not itself impose sentence; sentencing remains with the presiding district judge.