Reported / Citable
Background
Emiliano Lozano-Rosalino 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 Lozano-Rosalino of his right to have the plea taken by a district judge and gave the required Federal Rule of Criminal Procedure 11 admonishments.
Lozano-Rosalino, with counsel’s advice, consented to the magistrate judge taking 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
Judge Watters found that Lozano-Rosalino understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The magistrate judge also found that the plea was voluntary and supported by a sufficient factual basis.
The magistrate judge found Lozano-Rosalino guilty of the offense to which he pleaded and recommended that the district court accept the guilty plea and enter a judgment of guilt. Sentencing remains for the presiding district judge.
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 compliance, competency, voluntariness, and a factual basis.
- Parties have 14 days to object to the findings and recommendation; sentencing will be conducted by the district judge.
Why It Matters
The filing is a magistrate judge’s recommendation, not the district court’s final acceptance of the plea or sentencing decision. Unless timely objections are made, the district court may accept the recommendation and enter judgment before sentencing.