Reported / Citable
Background
Luis Enrique Hernandez-Torres appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The case had been referred under a general order for the magistrate judge to take the plea.
After being advised of his right to have the plea taken by a district judge, Hernandez-Torres consented to proceed before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment, charging illegal reentry into the United States.
The Court’s Holding
Judge Watters found that Hernandez-Torres 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 voluntary and supported by a sufficient factual basis.
The magistrate judge found Hernandez-Torres guilty of the charge to which he pleaded and recommended that the district court accept the plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge, and the parties were advised that they could object to the recommendation within 14 days.
Key Takeaways
- The ruling is a findings-and-recommendation order, not the district court’s final acceptance of the plea.
- Hernandez-Torres pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 plea requirements satisfied and recommended entry of judgment.
Why It Matters
The order illustrates the magistrate-judge role in federal felony plea proceedings: with the defendant’s consent, a magistrate judge may conduct the plea colloquy and recommend acceptance, while the district judge retains responsibility for final action and sentencing.