Reported / Citable
Background
Wendy Carolina Ortega-De Raymundo appeared with counsel before Magistrate Judge Matthew H. Watters for the taking of a felony guilty plea. The case had been referred under a general order for that purpose.
After being advised of her right to have the district judge take her plea and receiving the required Rule 11 admonishments, Ortega-De Raymundo pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States.
The Court’s Holding
The magistrate judge found that Ortega-De Raymundo consented to the magistrate judge’s taking of her plea, understood the charge, potential penalties, and her constitutional and statutory rights, and voluntarily waived those rights. The court also found her competent and concluded that the plea was knowing and voluntary.
The magistrate judge further found a sufficient factual basis for the plea and found Ortega-De Raymundo guilty of the charged offense. The judge 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 to illegal reentry without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, and supported by a sufficient factual basis.
- The filing is a recommendation for the district judge to accept the plea, with objections due within 14 days.
Why It Matters
The opinion reflects the standard Rule 11 process for a felony guilty plea taken by a magistrate judge with the defendant’s consent. It does not impose sentence or finally accept the plea; instead, it recommends acceptance and leaves sentencing to the district judge.