Reported / Citable
Background
Wilmer Yovany Lopez-Ramos appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The case had been referred under a general order for the taking of the plea.
After being advised of his right to have the plea taken by a district judge, Lopez-Ramos consented to proceeding before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment, charging illegal reentry into the United States.
The Court’s Holding
Judge Watters found that Lopez-Ramos understood the charge, potential penalties, and his constitutional and statutory rights; that he knowingly and voluntarily waived those rights; and that he was competent to plead guilty.
The magistrate judge further found a sufficient factual basis for the plea, found Lopez-Ramos guilty of the offense to which he pleaded, and recommended that the district court accept the plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry.
- The magistrate judge concluded that the Rule 11 plea requirements were satisfied.
- The recommendation was subject to written objections within 14 days.
Why It Matters
The filing is a magistrate judge’s findings and recommendation, not a final district-court acceptance of the plea or a sentencing decision. Unless timely objections are filed, the district court may accept the recommendation and proceed to sentencing.