Reported / Citable
Background
Zeberino Ramirez-Mendieta 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 magistrate judge to take the plea.
After receiving Rule 11 admonishments, Ramirez-Mendieta pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. He consented to the magistrate judge conducting the plea hearing; sentencing remains with the presiding district judge.
The Court’s Holding
The magistrate judge found that Ramirez-Mendieta understood the charge, potential penalties, and his constitutional and statutory rights, and that he knowingly, freely, and voluntarily waived those rights. The court also found him competent and determined that a sufficient factual basis supported the plea.
Accordingly, the magistrate judge found Ramirez-Mendieta guilty of the charge to which he pleaded and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation also noted that he may be subject to restitution.
Key Takeaways
- The defendant pleaded guilty to Count One, illegal reentry, without a plea agreement.
- The magistrate judge found the Rule 11 plea requirements satisfied and recommended acceptance of the plea.
- Any objections to the findings and recommendation must be filed within 14 days; sentencing is reserved for the district judge.
Why It Matters
This is a plea-stage recommendation, not a final sentencing decision. Unless the district court rejects the recommendation or sustains timely objections, the case will proceed to entry of judgment and sentencing on the illegal-reentry conviction.