Reported / Citable
Background
Marcos Pineda-Urapo appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. He consented to having the magistrate judge take his plea, while sentencing remained for the presiding district judge.
Pineda-Urapo 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
After conducting the Rule 11 colloquy, Magistrate Judge Cordova found that Pineda-Urapo understood the charge, penalties, and rights he was waiving; was competent; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
The magistrate judge found Pineda-Urapo guilty of the offense to which he pleaded and recommended that the district court accept the plea and enter a judgment of guilt. The recommendation remains subject to objections and district-court review.
Key Takeaways
- The defendant pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied, including voluntariness, competence, and a factual basis.
- The magistrate judge recommended acceptance of the plea; the district judge will conduct sentencing.
Why It Matters
The filing is a report and recommendation, not a final district-court acceptance of the plea or sentencing decision. Parties have 14 days to object; absent timely objections, the stated findings and conclusions generally will not receive de novo review and may be challenged on appeal only for plain error.