Reported / Citable
Background
Oscar Orlando Oviedo-Acosta appeared with counsel before a magistrate judge 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 and receiving the required Rule 11 admonishments, Oviedo-Acosta 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 Oviedo-Acosta consented to the magistrate judge taking the plea; understood the charge, possible penalties, and his constitutional and statutory rights; and voluntarily waived those rights. The court also found him competent and concluded that the plea was free and voluntary and supported by a sufficient factual basis.
The magistrate judge found Oviedo-Acosta guilty of the offense to which he pleaded and recommended that the district court accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge.
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 filing is a recommendation; the district court remains to accept the plea and conduct sentencing.
Why It Matters
The recommendation preserves the distinction between a magistrate judge’s plea findings and the district judge’s ultimate acceptance of the plea and imposition of sentence. Parties have 14 days to object to the proposed findings and recommendation.