Reported / Citable
Background
Maria De Jesus Martinez Garcia appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding. She consented to having the magistrate judge take her plea, while sentencing remained for the presiding district judge.
Martinez Garcia pleaded guilty under a plea agreement to Count Two of the indictment, improper use of another person’s passport, in violation of 18 U.S.C. § 1544.
The Court’s Holding
After conducting Rule 11 admonishments, the magistrate judge found that Martinez Garcia understood the charge, penalties, and rights she was waiving; was competent; and entered her plea knowingly, freely, and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Martinez Garcia guilty of the charged offense. The court recommended that the district judge accept the plea and enter a judgment of guilt.
Key Takeaways
- The recommendation concerns acceptance of a guilty plea, not sentencing.
- The magistrate judge found the Rule 11 requirements satisfied.
- Any objections to the recommendation must be filed within 14 days.
Why It Matters
The report clears the case for the district judge to decide whether to accept the plea formally and proceed to sentencing. Martinez Garcia also acknowledged that restitution may be imposed.