Reported / Citable
Background
Gaudencio Rubio Duran was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The case was referred to a United States Magistrate Judge for the taking of a felony guilty plea pursuant to 28 U.S.C. § 636(b)(3).
On June 29, 2026, the defendant appeared before the Magistrate Judge with counsel. The Magistrate Judge addressed the defendant in open court, informed him of his right to have his plea taken by the District Judge, and admonished him pursuant to Federal Rule of Criminal Procedure 11. The defendant, with the advice of counsel, consented to having his guilty plea taken by the Magistrate Judge, with sentencing to be conducted by the presiding District Judge.
The Court’s Holding
The Magistrate Judge found that the defendant understood the nature of the charges and penalties, understood his constitutional and statutory rights, and freely and voluntarily waived those rights. The court determined the defendant was competent to enter a guilty plea.
The Magistrate Judge found that the defendant pled guilty to Count One without a plea agreement, that the plea was made freely and voluntarily, and that there was a sufficient factual basis for the guilty plea. Accordingly, the court found the defendant guilty of the charge and recommended that the guilty plea be accepted and a judgment of guilt be entered against the defendant.
Key Takeaways
- Defendant pled guilty to illegal reentry without negotiating a plea agreement
- All procedural protections under Federal Rule of Criminal Procedure 11 were satisfied
- The Magistrate Judge’s recommendation proceeds to the District Judge for sentencing
- Defendant acknowledged potential liability for restitution
Why It Matters
This case represents a routine criminal procedure in immigration prosecutions under 8 U.S.C. § 1326, which prohibits illegal reentry by formerly deported aliens. The Magistrate Judge’s careful compliance with Rule 11 requirements ensures the guilty plea will withstand appellate scrutiny and protects against claims of procedural defect.
The recommendation to the District Judge reflects the standard process for felony guilty pleas in the Western District of Texas. The parties have 14 days to file objections to the Magistrate Judge’s findings and recommendations before the District Judge conducts sentencing.