Reported / Citable
Background
Bao Ngoc Tran appeared with counsel before U.S. Magistrate Judge Joseph A. Cordova for entry of a felony guilty plea. The case had been referred under a general order for the magistrate judge to take the plea.
After Rule 11 admonishments, Tran 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 the presiding district judge.
The Court’s Holding
The magistrate judge found that Tran consented to having the plea taken by the magistrate judge; understood the charge, penalties, and rights; and knowingly, freely, and voluntarily waived those rights and entered his plea.
The magistrate judge also found Tran competent and concluded that a sufficient factual basis supported the plea. Judge Cordova found Tran guilty of the charged offense and recommended that the district judge accept the plea and enter a judgment of guilt.
Key Takeaways
- Tran pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the Rule 11 plea requirements were satisfied.
- The recommendation remains subject to objections and acceptance by the district judge; sentencing will be conducted by the presiding district judge.
Why It Matters
The filing records the magistrate judge’s recommendation following a guilty-plea proceeding, rather than a final sentencing decision. Parties have 14 days to object to the findings and recommendation.