Reported / Citable
Background
Jose Juan Lopez-Murillo appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for the taking of a felony guilty plea. The case had been referred under a general order, and Lopez-Murillo consented to having the magistrate judge take his plea.
After receiving Rule 11 admonishments, Lopez-Murillo pleaded guilty without a plea agreement to Count One of the indictment, illegal reentry into the United States. Sentencing was reserved for the presiding district judge.
The Court’s Holding
The magistrate judge found that Lopez-Murillo understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; was competent to plead; and entered his plea freely and voluntarily. The court also found a sufficient factual basis for the plea.
The magistrate judge found Lopez-Murillo guilty of the charge to which he pleaded and recommended that the district judge accept the plea and enter a judgment of guilt. The recommendation was subject to objections within 14 days.
Key Takeaways
- Lopez-Murillo pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied and a factual basis for the plea.
- The document is a recommendation; the district judge remains responsible for accepting the plea and sentencing.
Why It Matters
The order illustrates the magistrate-judge plea process in a federal felony case: with the defendant’s consent, the magistrate judge may conduct the plea proceeding and issue findings and a recommendation, while the district judge retains the final role in accepting the plea and imposing sentence.