Reported / Citable
Background
Cristian Gerardo Villanueva-Ramirez was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The case was referred by general order to a U.S. magistrate judge to take Villanueva-Ramirez’s felony guilty plea.
Villanueva-Ramirez appeared with counsel and consented to having 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 Villanueva-Ramirez understood the charge, potential penalties, and rights he was waiving; was competent to plead; and entered the plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea and found Villanueva-Ramirez guilty of the charge to which he pleaded.
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 advised that they had 14 days to object to the findings and recommendation.
Key Takeaways
- Villanueva-Ramirez pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found that the plea satisfied Rule 11 and was knowing, voluntary, competent, and supported by a sufficient factual basis.
- The filing is a recommendation to accept the plea; sentencing remains for the presiding district judge.
Why It Matters
The recommendation documents the procedural findings required before a federal felony guilty plea may be accepted. It also preserves the distinction between the magistrate judge’s role in taking the plea and the district judge’s authority to accept the recommendation and impose sentence.