Reported / Citable
Background
Miguel Alexander Zelaya-Tercero was charged with illegal reentry into the United States in violation of 8 U.S.C. § 1326. The matter was referred by general order to a U.S. magistrate judge to take Zelaya-Tercero’s felony guilty plea.
On July 2, 2026, Zelaya-Tercero appeared with counsel and consented to have the magistrate judge take his plea. After receiving the required Rule 11 admonishments, he pleaded guilty to Count One without a plea agreement.
The Court’s Holding
The magistrate judge found that Zelaya-Tercero understood the charge, potential penalties, and the rights he was waiving; was competent to plead; and entered the plea freely and voluntarily. The judge also found a sufficient factual basis for the plea and found Zelaya-Tercero 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 objections to the findings and recommendation were due within 14 days after receipt.
Key Takeaways
- Zelaya-Tercero 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 was not the sentencing decision; sentencing remained for the presiding district judge.
Why It Matters
The findings document the Rule 11 safeguards supporting the validity of Zelaya-Tercero’s felony guilty plea. They also preserve the distinction between the magistrate judge’s role in taking the plea and recommending its acceptance and the district judge’s responsibility for sentencing.