Reported / Citable
Background
Jorge Alberto Garcia-Ortiz appeared with counsel before U.S. Magistrate Judge Matthew H. Watters to enter a felony guilty plea. The matter 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 a district judge take the plea, Garcia-Ortiz consented to proceeding before the magistrate judge. He then pleaded guilty, without a plea agreement, to Count One of the indictment, which charged illegal reentry into the United States.
The Court’s Holding
The magistrate judge found that Garcia-Ortiz understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge also found that Garcia-Ortiz was competent, that his plea was knowing and voluntary, and that the plea had a sufficient factual basis.
Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were advised that objections to the findings and recommendation were due within 14 days of receipt.
Key Takeaways
- Garcia-Ortiz pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, factually supported, and entered by a competent defendant.
- The recommendation leaves acceptance of the plea, entry of judgment, and sentencing to the presiding district judge.
Why It Matters
The recommendation documents compliance with Rule 11’s safeguards before a felony guilty plea is accepted. It also preserves the district judge’s role in formally accepting the plea, entering judgment, and imposing sentence.