Reported / Citable
Background
Victor Alberto Perez-Cuevas appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Perez-Cuevas of his right to have a district judge take the plea and conducted the required Rule 11 colloquy.
Perez-Cuevas pleaded guilty, without a plea agreement, to Count One: illegal reentry into the United States in violation of 8 U.S.C. § 1326. Sentencing was reserved for Chief U.S. District Judge Alia Moses.
The Court’s Holding
The magistrate judge found that Perez-Cuevas understood the charge, possible penalties, and his constitutional and statutory rights; voluntarily waived those rights; was competent to plead; and entered the plea freely and voluntarily. The judge also found a sufficient factual basis for the plea.
Based on those findings, the magistrate judge found Perez-Cuevas guilty of the charged offense and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation remained subject to objections and review by the district court.
Key Takeaways
- Perez-Cuevas pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the Rule 11 requirements were satisfied and that the plea had a sufficient factual basis.
- The filing is a findings-and-recommendation order; the district judge retains responsibility for accepting the recommendation and imposing sentence.
Why It Matters
The order documents a completed Rule 11 plea colloquy and clears the case for district-court review and sentencing. It does not itself impose sentence.