Reported / Citable
Background
Victor Hugo Vazquez-Gomez 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 receiving Rule 11 admonishments, Vazquez-Gomez 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
The magistrate judge found that Vazquez-Gomez understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; and was competent to plead guilty. The court also found that the plea was voluntary and supported by a sufficient factual basis.
The magistrate judge found Vazquez-Gomez 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.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied, including competence, voluntariness, and a factual basis.
- The recommendation is subject to objections within 14 days; sentencing remains for the district judge.
Why It Matters
The filing is a report and recommendation rather than a final acceptance of the plea by the district court. Unless timely objections are filed, the district judge may accept the recommended plea and proceed to sentencing.