Reported / Citable
Background
Pedro Joaquin Calero-Gomez appeared with counsel before a magistrate judge for a felony guilty-plea proceeding. The case had been referred under a general order for the magistrate judge to take the plea.
After being advised under Federal Rule of Criminal Procedure 11, Calero-Gomez consented to having the magistrate judge take his plea. He pleaded guilty, without a plea agreement, to Count One of the indictment, charging illegal reentry into the United States.
The Court’s Holding
Magistrate Judge Matthew H. Watters found that Calero-Gomez understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The magistrate judge also found the plea voluntary and supported by a sufficient factual basis.
The magistrate judge found Calero-Gomez guilty of the offense to which he pleaded and recommended that the district judge 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 recommended acceptance of the plea after making Rule 11 findings.
- Any objections to the findings and recommendation must be filed within 14 days.
Why It Matters
The filing is a recommendation, not the district court’s final acceptance of the plea or sentence. It establishes that the magistrate judge found the guilty plea knowing, voluntary, and factually supported, subject to district-court review and any timely objections.