Reported / Citable
Background
Wilmer Omar Lopez-Reyes appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Lopez-Reyes of his right to have the plea taken by a district judge and gave the required Federal Rule of Criminal Procedure 11 admonishments.
Lopez-Reyes consented to the magistrate judge’s taking of his plea and 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. Sentencing remains for the presiding district judge.
The Court’s Holding
The magistrate judge found that Lopez-Reyes understood the charge, penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; and was competent to plead guilty. The court also found a sufficient factual basis for the plea.
Accordingly, the magistrate judge found Lopez-Reyes guilty of the charged offense and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation was subject to objections within 14 days.
Key Takeaways
- Lopez-Reyes 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 district judge must decide whether to accept the recommendation and will conduct sentencing.
Why It Matters
This is a plea-stage recommendation, not a final sentencing decision. Unless timely objections alter the result, the case will proceed to the district judge for acceptance of the plea and sentencing.