Reported / Citable
Background
Randolfo Timal-Hurtado appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Timal-Hurtado that he could have the plea taken by a district judge and conducted the Rule 11 colloquy.
Timal-Hurtado 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 was reserved for the presiding district judge.
The Court’s Holding
The magistrate judge found that Timal-Hurtado knowingly, freely, and voluntarily waived his constitutional and statutory rights and entered his plea. The court also found that he understood the charge and potential penalties, was competent to plead guilty, and that a sufficient factual basis supported the plea.
Judge Cordova found Timal-Hurtado guilty of the offense to which he pleaded and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation remained subject to objections and district-court review.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry under 8 U.S.C. § 1326.
- The magistrate judge found the Rule 11 requirements satisfied, including competence, voluntariness, and a factual basis.
- The magistrate judge recommended acceptance of the plea; the presiding district judge retained sentencing authority.
Why It Matters
The filing is a guilty-plea recommendation, not a final sentencing decision. Unless timely objections alter the result, the district judge may accept the recommended plea and proceed to sentencing.