Reported / Citable
Background
Wilber Jose Soto-Amaranto appeared with counsel before a U.S. magistrate judge for a felony guilty-plea proceeding. The matter had been referred under a general order pursuant to 28 U.S.C. § 636(b)(3).
After being advised that he could have the district judge take his plea, Soto-Amaranto consented to proceed before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States in violation of 8 U.S.C. § 1326.
The Court’s Holding
The magistrate judge found that Soto-Amaranto understood the charge, potential penalties, and the rights he was waiving; was competent to plead guilty; and entered the plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea and noted that Soto-Amaranto acknowledged he could 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 case was referred to the presiding district judge for sentencing, and the parties were given 14 days to object to the findings and recommendation.
Key Takeaways
- Soto-Amaranto 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 remains subject to district-court review, with sentencing reserved for the presiding district judge.
Why It Matters
The filing records the Rule 11 findings supporting Soto-Amaranto’s felony guilty plea but is a magistrate judge’s recommendation, not a final sentencing decision. Unless successfully challenged through timely objections, those findings may be accepted by the district judge and followed by entry of judgment and sentencing.