Reported / Citable
Background
Diana Marili Lopez-Yacabalquiej appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding referred under a general order.
After receiving Rule 11 admonishments, Lopez-Yacabalquiej pleaded guilty under a plea agreement to Count One of the indictment, conspiracy to transport illegal aliens. She consented to having the magistrate judge take her plea; sentencing remains before the presiding district judge.
The Court’s Holding
Judge Watters found that Lopez-Yacabalquiej understood the charge, penalties, and her constitutional and statutory rights; voluntarily waived those rights; was competent; and entered her plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea, found Lopez-Yacabalquiej guilty of the charge to which she pleaded, and noted that she may be subject to restitution. The court recommended that the district judge accept the plea and enter a judgment of guilt.
Key Takeaways
- The ruling is a findings-of-fact and recommendation, not the district judge’s final acceptance of the plea.
- Lopez-Yacabalquiej pleaded guilty to conspiracy to transport illegal aliens under a plea agreement.
- Any written objections to the recommendation are due within 14 days of receipt.
Why It Matters
The recommendation clears the case for district-court action on the guilty plea and for sentencing. Unless timely objections prompt further review, the district judge may accept the plea and enter judgment.