Reported / Citable
Background
Dulce Maria Franco-Flores appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The matter had been referred under a general order for the taking of the plea.
After receiving Rule 11 advisements, Franco-Flores consented to having the magistrate judge take her plea. She pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States.
The Court’s Holding
Judge Watters found that Franco-Flores understood the charge, possible penalties, and her constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent to plead guilty; and entered her plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Franco-Flores guilty of the charge to which she pleaded. He 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 concluded that the Rule 11 plea colloquy established a knowing, voluntary, and factually supported plea.
- The filing is a recommendation to the district judge, and parties had 14 days to object.
Why It Matters
The recommendation clears the case for the district court to accept the plea formally and proceed to sentencing. It also preserves the parties’ opportunity to seek de novo review by timely objecting to the magistrate judge’s findings and recommendation.