Reported / Citable
Background
Susano Molina-Gonzalez 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 receiving Rule 11 admonishments and being told he could have the plea taken by a district judge, Molina-Gonzalez 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
Judge Cordova found that Molina-Gonzalez understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The magistrate judge also found that the plea was knowing and voluntary and supported by a sufficient factual basis.
The magistrate judge found Molina-Gonzalez guilty of the charge to which he pleaded and recommended that the district court accept the plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge recommended acceptance of the guilty plea after finding Rule 11 requirements satisfied.
- Any objections to the findings and recommendation were due within 14 days.
Why It Matters
This is a recommendation, not the district court’s final acceptance of the plea or sentencing decision. Unless timely objections are filed, the district court may accept the recommendation and proceed to sentencing.