Reported / Citable
Background
Ever Josue GONZALEZ-Velasquez appeared with counsel before a U.S. magistrate judge to enter a felony guilty plea. The matter had been referred under a general order for the magistrate judge to take the plea pursuant to 28 U.S.C. § 636(b)(3).
After being advised that he had the right to have the district judge take his plea, Gonzalez-Velasquez 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
Following the Rule 11 plea colloquy, the magistrate judge found that Gonzalez-Velasquez understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge also found that the plea was knowing and voluntary, that Gonzalez-Velasquez was competent to plead guilty, and that a sufficient factual basis supported the plea.
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
- Gonzalez-Velasquez 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 magistrate judge recommended acceptance of the plea; sentencing remained for the presiding district judge.
Why It Matters
The recommendation records the Rule 11 findings required before the district court accepts Gonzalez-Velasquez’s felony guilty plea. It does not impose a sentence; the presiding district judge retains responsibility for sentencing and for acting on the recommendation.