Reported / Citable
Background
Gabriel Dionicio-De Jesus appeared with counsel before Magistrate Judge Matthew H. Watters for a felony guilty-plea hearing. He consented to having the magistrate judge take his plea, while sentencing remained with the presiding district judge.
After Rule 11 admonishments, Dionicio-De Jesus 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 Dionicio-De Jesus understood the charge, penalties, and his rights; knowingly and voluntarily waived those rights; was competent; and entered his plea freely and voluntarily. The court also found a sufficient factual basis for the plea.
Magistrate Judge Watters recommended that the district judge accept the guilty plea and enter a judgment of guilt. The report was referred to the presiding district judge for sentencing, with objections due within 14 days.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied and a factual basis for the plea.
- The disposition was a recommendation to the district judge, not a final acceptance order by the district judge.
Why It Matters
The report preserves the distinction between a magistrate judge’s plea-hearing findings and the district judge’s ultimate acceptance of the plea and sentencing. Parties who seek review must timely object to the recommendation.