Reported / Citable
Background
Roman Oliber Calix-Almendares appeared with counsel before U.S. Magistrate Judge Matthew H. Watters to enter a felony guilty plea. The case had been referred to the magistrate judge for that purpose under a general order and 28 U.S.C. § 636(b)(3).
After being advised that he had the right to have a district judge take his plea, Calix-Almendares consented to proceeding before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment, which charged illegal reentry into the United States.
The Court’s Holding
After addressing Calix-Almendares personally in open court and administering the required Rule 11 admonishments, the magistrate judge found that he 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 Calix-Almendares was competent to plead guilty, and that a sufficient factual basis supported the plea.
The magistrate judge recommended that the district court accept the guilty plea and enter a judgment of guilt. The matter was referred to Chief U.S. District Judge Alia Moses for sentencing, and the parties were notified that they had 14 days to object to the findings and recommendation.
Key Takeaways
- Calix-Almendares pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a sufficient factual basis.
- The recommendation remains subject to district-court review, and sentencing will be conducted by the presiding district judge.
Why It Matters
The recommendation documents the Rule 11 findings necessary for acceptance of a felony guilty plea taken by a magistrate judge with the defendant’s consent. It also preserves the district judge’s role in accepting the recommended disposition and imposing sentence.