Reported / Citable
Background
Jerson Bueso-Reyes was charged in Count One of the indictment with illegal reentry into the United States. The case was referred by general order to a U.S. magistrate judge to take his felony guilty plea under 28 U.S.C. § 636(b)(3).
On July 9, 2026, Bueso-Reyes appeared with counsel and consented to have the magistrate judge take his plea, while acknowledging that the presiding district judge would conduct sentencing. 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 Bueso-Reyes understood the charge, possible penalties, and the rights he was waiving; that he was competent; and that his plea was knowing, free, and voluntary. The judge also found a sufficient factual basis for the plea and noted that Bueso-Reyes acknowledged he might be subject to restitution.
Based on those findings, 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 of receipt.
Key Takeaways
- Bueso-Reyes 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 did not itself complete the district judge’s acceptance process or sentencing; those matters remained before the presiding district judge.
Why It Matters
The recommendation documents the procedural safeguards required before a federal felony guilty plea may be accepted, including the defendant’s understanding of the charge, penalties, and waived rights, as well as competency, voluntariness, and a factual basis.
It also illustrates the magistrate judge’s role in taking a felony plea by consent and issuing findings and a recommendation while leaving formal acceptance and sentencing to the district judge.