Reported / Citable
Background
Luis Alonzo Rivas-Castellanos appeared with counsel before Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The case had been referred to the magistrate judge under a general order for the taking of the plea.
After being advised of his right to have the district judge take the plea and receiving the required Rule 11 admonishments, Rivas-Castellanos consented to the magistrate judge conducting the proceeding. He pleaded guilty, without a plea agreement, to Count One of the indictment, illegal reentry into the United States.
The Court’s Holding
The magistrate judge found that Rivas-Castellanos understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The magistrate judge also found that the plea was free and voluntary and supported by a sufficient factual basis.
Accordingly, the magistrate judge found Rivas-Castellanos guilty of the offense to which he pleaded and recommended that the district court accept the plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing.
Key Takeaways
- The ruling is a recommendation to the district judge, not a final acceptance of the plea by the district court.
- Rivas-Castellanos pleaded guilty without a plea agreement to illegal reentry.
- The parties have 14 days to file written objections to the findings and recommendation.
Why It Matters
The recommendation clears the case for the district judge to decide whether to accept the guilty plea and to impose sentence. Absent timely objections, challenges to the unobjected-to findings may be limited on appeal.