Reported / Citable
Background
Erlin Omar Izaguirre-Aviles appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The matter had been referred under a general order for the taking of the plea.
After Rule 11 admonishments, Izaguirre-Aviles consented to having the magistrate judge take his plea and pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States. Sentencing was reserved for the presiding district judge.
The Court’s Holding
Judge Watters found that Izaguirre-Aviles understood the charge, possible penalties, and the rights he was waiving; that he was competent; and that his plea was knowing, free, and voluntary. The court also found a sufficient factual basis for the plea.
The magistrate judge found Izaguirre-Aviles guilty of the charge to which he pleaded and recommended that the district court accept the plea and enter a judgment of guilt. The recommendation was subject to objections within 14 days.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge concluded that the Rule 11 plea requirements were satisfied.
- The district judge retained responsibility for sentencing and for acting on the recommendation.
Why It Matters
This is a plea-stage recommendation, not a final acceptance order or sentencing decision. Unless timely objections are made, the district court may accept the recommended findings and proceed to sentencing.