Reported / Citable
Background
Jose Alberto Carmona-Gonzalez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The matter had been referred to the magistrate judge under a general order for the taking of the plea.
After being advised under Federal Rule of Criminal Procedure 11, Carmona-Gonzalez consented to having the magistrate judge take his plea. 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 Carmona-Gonzalez understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent to plead; and entered the plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
The magistrate judge found Carmona-Gonzalez guilty of the charged offense and recommended that the district judge accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge. The parties were given 14 days to object to the recommendation.
Key Takeaways
- This was a magistrate judge’s findings and recommendation, not a final acceptance order by the district judge.
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- Absent timely objections, the recommendation may be reviewed only for plain error on appeal.
Why It Matters
The recommendation preserves a Rule 11 record supporting the plea’s validity while leaving final acceptance of the plea and sentencing to the district judge. Counsel must timely object to any proposed findings or conclusions to preserve de novo district-court review.