Reported / Citable
Background
Jose Solis-Garcia appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Solis-Garcia that he could have his plea taken by a district judge and gave the Rule 11 admonishments.
Solis-Garcia, with counsel’s advice, consented to the magistrate judge’s taking of the plea. He pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. Sentencing remains for the presiding district judge.
The Court’s Holding
Judge Watters found that Solis-Garcia understood the charge, potential penalties, and his constitutional and statutory rights; that he knowingly and voluntarily waived those rights; and that he was competent to plead guilty. The judge also found the plea voluntary and supported by a sufficient factual basis.
The magistrate judge found Solis-Garcia guilty of the offense to which he pleaded and recommended that the district court accept the plea and enter a judgment of guilt. The recommendation also notes that Solis-Garcia may be subject to restitution.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry.
- The magistrate judge recommended acceptance of the plea after finding Rule 11 requirements satisfied.
- Any objections to the recommendation must be filed within 14 days; sentencing is reserved for the district judge.
Why It Matters
The filing is a report and recommendation, not the district court’s final acceptance of the plea or sentencing decision. Unless timely objections are filed, the district judge may accept the recommendation and enter judgment of guilt.