Reported / Citable
Background
Gerson Israel Macario-Ventura appeared with counsel before a U.S. magistrate judge on July 10, 2026, to enter a felony guilty plea. The matter had been referred to the magistrate judge for taking the plea under 28 U.S.C. § 636(b)(3).
After being advised that he could have the district judge take his plea, Macario-Ventura consented to proceed before the magistrate judge. He then pleaded guilty, without a plea agreement, to Count One of the indictment, which charged illegal reentry into the United States.
The Court’s Holding
The magistrate judge found that Macario-Ventura understood the charge, possible penalties, and the constitutional and statutory rights he was waiving. The judge also found that Macario-Ventura was competent, that his plea was knowing and voluntary, and that a sufficient factual basis supported it.
Based on those findings, the magistrate judge found Macario-Ventura guilty of the charge and recommended that the district judge accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge. The parties were given 14 days to object to the findings and recommendation.
Key Takeaways
- Macario-Ventura pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found that the plea satisfied Rule 11 and was supported by a sufficient factual basis.
- The recommendation remained subject to review by the district judge, who would also conduct sentencing.
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 recommending its acceptance and the district judge’s authority to enter judgment and impose sentence.