Reported / Citable
Background
Sergio Ortiz-Hernandez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding referred under a general order. Ortiz-Hernandez consented to having the magistrate judge take his plea, while sentencing remained for the presiding district judge.
After receiving Rule 11 admonishments, Ortiz-Hernandez 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 Ortiz-Hernandez understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent; and entered his plea freely and voluntarily. The judge also found a sufficient factual basis for the plea.
Accordingly, the magistrate judge found Ortiz-Hernandez guilty of the charged offense and 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.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge recommended acceptance of the plea; the recommendation remained subject to district-court review.
- Any objections to the findings and recommendation were due within 14 days.
Why It Matters
The filing is a guilty-plea report and recommendation, not a final sentencing decision. It confirms that the plea satisfied the magistrate judge’s Rule 11, competency, voluntariness, and factual-basis findings, leaving acceptance and sentencing to the district judge.