Reported / Citable
Background
Jose Edgardo Irachez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for entry of a felony guilty plea. The case had been referred under a general order for the taking of the plea.
After receiving Rule 11 admonishments, Irachez consented to having the magistrate judge take his plea. He 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 Irachez understood the charge, potential penalties, and the constitutional and statutory rights he waived. The court also found him competent and concluded that his plea was knowing, free, and voluntary.
The magistrate judge further found a sufficient factual basis for the plea and found Irachez guilty of the charged offense. The recommendation was that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The filing is a findings-and-recommendation document, not a final acceptance of the plea by the district judge.
- Irachez pleaded guilty to illegal reentry without a plea agreement.
- Parties have 14 days to file written objections to the recommendation.
Why It Matters
The recommendation moves the prosecution into the sentencing phase, subject to the district judge’s review and any timely objections. It also underscores that a magistrate judge may take a felony guilty plea with the defendant’s consent, while sentencing remains with the district judge.