Reported / Citable
Background
Nery Fernando Sosa-Gonzalez was charged with illegal re-entry into the United States in violation of federal law. The case was referred to United States Magistrate Judge Matthew H. Watters for taking of the defendant’s felony guilty plea pursuant to 28 U.S.C. § 636(b)(3). On June 11, 2026, the defendant appeared before the magistrate judge with counsel.
The Court’s Holding
The magistrate judge conducted a Rule 11 colloquy with the defendant and found that: (1) the defendant, with counsel’s advice, consented to the magistrate taking his plea; (2) the defendant understood the nature of the charges and penalties; (3) the defendant understood and voluntarily waived his constitutional and statutory rights; (4) the defendant was competent to enter the guilty plea; and (5) there was a sufficient factual basis for the plea. Critically, the defendant pled guilty without any plea agreement.
The magistrate judge recommended that the district court accept the guilty plea, enter a judgment of guilt on Count One for illegal re-entry, and proceed to sentencing by the presiding United States District Judge. The defendant was advised that he may be subject to restitution.
Key Takeaways
- The defendant’s guilty plea to illegal re-entry was found to be knowing, voluntary, and competent under Federal Rule of Criminal Procedure 11.
- The plea was entered without any negotiated plea agreement.
- A magistrate judge may take a felony guilty plea, but sentencing remains with the district court.
- The defendant preserved his right to object to the magistrate’s recommendation within 14 days for de novo review by the district judge.
Why It Matters
This case illustrates the standard procedural framework for felony guilty pleas in federal court, particularly involving immigration-related charges. The magistrate judge’s role is limited to ensuring the plea is knowing, voluntary, and supported by sufficient factual basis—ultimate sentencing authority rests with the district judge. The absence of a plea agreement suggests the defendant accepted the statutory penalties for illegal re-entry rather than negotiating lesser charges or sentencing recommendations.
The case is now positioned for sentencing by Chief United States District Judge Alia Moses, who will determine the defendant’s sentence within the statutory range for this offense.