Reported / Citable
Background
Noe Zarate-Zarat 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 conduct the felony guilty-plea proceeding.
Zarate-Zarat appeared with counsel on July 1, 2026. After being advised that a district judge could take his plea, he consented to proceeding before the magistrate judge and pleaded guilty to Count One without a plea agreement.
The Court’s Holding
Following the Rule 11 colloquy, the magistrate judge found that Zarate-Zarat understood the charge, possible penalties, and rights he was waiving; was competent; and entered his plea freely and voluntarily. The judge also found a sufficient factual basis for the plea and found Zarate-Zarat 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 given 14 days to object to the findings and recommendation.
Key Takeaways
- Zarate-Zarat pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, factually supported, and entered by a competent defendant.
- The recommendation does not impose a sentence; sentencing remains for the presiding district judge.
Why It Matters
The recommendation documents compliance with Rule 11 and supplies the findings needed for the district judge to accept the felony guilty plea and enter judgment. It also preserves the parties’ opportunity to seek district-court review by filing timely objections.