Reported / Citable
Background
Elin Edicson Ochoa-Hernandez appeared with counsel before Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Ochoa-Hernandez that he could have his plea taken by the district judge and gave the Rule 11 admonishments.
Ochoa-Hernandez, with counsel’s advice, consented to the magistrate judge taking the plea. He pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. Sentencing was reserved for the presiding district judge.
The Court’s Holding
Magistrate Judge Watters found that Ochoa-Hernandez understood the charge, penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The court also found that the plea was knowing and voluntary and supported by a sufficient factual basis.
The magistrate judge found Ochoa-Hernandez guilty of the offense to which he pleaded and recommended that the district court accept the plea and enter a judgment of guilt. The recommendation advised the parties that objections must be filed within 14 days.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry.
- The magistrate judge found the Rule 11 requirements satisfied and a factual basis for the plea.
- The plea’s acceptance and entry of judgment remained subject to the district court’s action on the recommendation.
Why It Matters
The filing documents a completed guilty-plea colloquy and recommends acceptance of the plea, while preserving the parties’ opportunity to object before the district court acts. Sentencing will be conducted by the presiding district judge.