Reported / Citable
Background
Pablo Agustin Pomaquiza-Pomaquiza appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for the taking of a felony guilty plea. The matter had been referred under a general order, and Pomaquiza-Pomaquiza consented to having the magistrate judge take his plea.
After Rule 11 admonishments, Pomaquiza-Pomaquiza pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. Sentencing remains with the presiding district judge.
The Court’s Holding
The magistrate judge found that Pomaquiza-Pomaquiza understood the charge, potential penalties, and his constitutional and statutory rights, and that he knowingly and voluntarily waived those rights. The court further found him competent to plead guilty and found a sufficient factual basis for the plea.
Judge Watters found Pomaquiza-Pomaquiza guilty of the charged offense and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation also noted that Pomaquiza-Pomaquiza may be subject to restitution.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 plea colloquy adequate and the plea voluntary.
- The district judge will decide whether to accept the recommendation and will conduct sentencing.
Why It Matters
This is a recommendation, not a final district-court acceptance of the plea or sentence. The parties have 14 days to object; failure to object may limit later review.