Reported / Citable
Background
Diego Sobrevilla-Isaias appeared with counsel before Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised him that he could have the plea taken by a district judge and conducted the Rule 11 colloquy.
Sobrevilla-Isaias pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States, in violation of 8 U.S.C. § 1326. Sentencing remains with the presiding district judge.
The Court’s Holding
Judge Cordova found that Sobrevilla-Isaias knowingly and voluntarily waived his rights, understood the charge and potential penalties, was competent to plead guilty, and had a sufficient factual basis for the plea. The magistrate judge also found him guilty of the charge to which he pleaded.
The magistrate judge recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation was subject to objections within 14 days and was referred to the district judge for sentencing.
Key Takeaways
- The defendant 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 was voluntary and supported by a factual basis.
- The document is a recommendation; acceptance of the plea and sentencing are for the district judge.
Why It Matters
The ruling illustrates the magistrate judge’s role in conducting a felony plea proceeding with the defendant’s consent while leaving final acceptance and sentencing to the district judge. Parties who seek review must timely object to the recommendation.