Reported / Citable
Background
Carlos Orlando Milian-Estrada was charged in Count One of an indictment with illegal reentry, in violation of 8 U.S.C. § 1326(a). On September 1, 2026, he and counsel appeared before a magistrate judge and entered a guilty plea.
Milian-Estrada consented to plea proceedings before the magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the Rule 11 colloquy.
The Court’s Holding
Magistrate Judge Robert F. Castaneda found that Milian-Estrada understood the charge, his trial rights, the possible penalties, the immigration consequences of his plea, and the advisory role of the Sentencing Guidelines. The court also found that counsel had explained the plea’s immigration consequences.
The magistrate judge found Milian-Estrada competent and concluded that his plea was knowing, free, and voluntary, was not induced by promises or coercion, and had a factual basis. The judge recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The filing is a report and recommendation, not a final acceptance of the plea or sentencing decision.
- The recommendation concerns a guilty plea to illegal reentry under 8 U.S.C. § 1326(a).
- Written objections before sentencing may be necessary to preserve de novo review and appellate review of factual findings adopted by the district judge.
Why It Matters
The recommendation clears the Rule 11 stage for the illegal-reentry charge, subject to the district judge’s final approval. It also underscores that a defendant’s understanding of immigration consequences is part of the plea-colloquy record in this case.