Reported / Citable
Background
Arnulfo Vargas-Cortes was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The district court referred the matter to a magistrate judge to take Vargas-Cortes’s felony guilty plea under 28 U.S.C. § 636(b)(3) and Fifth Circuit precedent.
At a June 30, 2026 hearing, Vargas-Cortes appeared with counsel and consented to have the magistrate judge take his plea. After receiving the admonishments required by Federal Rule of Criminal Procedure 11, he pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Vargas-Cortes understood the charge, possible penalties, and the constitutional and statutory rights he was waiving. The judge also found that the plea was knowing and voluntary, Vargas-Cortes was competent to plead guilty, and the plea had a sufficient factual basis.
The magistrate judge found Vargas-Cortes guilty of the charge and recommended that the presiding district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the district judge for sentencing, and the parties were given 14 days to object to the findings and recommendation.
Key Takeaways
- Vargas-Cortes pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge concluded that the plea satisfied Rule 11 and was knowing, voluntary, competent, and supported by a sufficient factual basis.
- The recommendation did not impose a sentence; sentencing remained for the presiding district judge.
Why It Matters
The recommendation illustrates the procedure for taking a felony guilty plea before a magistrate judge when the defendant consents. It also underscores that the magistrate judge’s role at this stage was to evaluate the plea and recommend its acceptance, while final acceptance, entry of judgment, and sentencing remained with the district judge.