Reported / Citable
Background
Jesus Alejandro Velazquez-Fernandez was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The felony guilty-plea proceeding was referred by general order to a U.S. magistrate judge under 28 U.S.C. § 636(b)(3).
On June 30, 2026, Velazquez-Fernandez 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 Velazquez-Fernandez understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge also found that he was competent, that his plea was knowing and voluntary, and that the plea had a sufficient factual basis.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were given 14 days to object to the findings and recommendation.
Key Takeaways
- Velazquez-Fernandez 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 recommended acceptance of the plea.
- Sentencing remained for the presiding district judge, and objections to the recommendation were due within 14 days of receipt.
Why It Matters
The recommendation documents the procedural safeguards required before a federal felony guilty plea may be accepted, including findings concerning competence, voluntariness, understanding of rights and penalties, and a sufficient factual basis.
It is a recommendation rather than a final sentencing disposition: the district judge retains responsibility for accepting the plea, entering judgment, and imposing sentence.