Reported / Citable
Background
The case was referred by general order to U.S. Magistrate Judge Matthew H. Watters to take a felony guilty plea. On August 4, 2026, Fernando Abarca-Velazquez appeared with counsel and consented to having the magistrate judge conduct the plea proceeding.
After personally addressing Abarca-Velazquez and giving the Federal Rule of Criminal Procedure 11 admonitions, the magistrate judge found that he understood the charge, penalties, and his rights. Abarca-Velazquez pleaded guilty without a plea agreement to Count One, illegal reentry into the United States.
The Court’s Holding
The magistrate judge found that Abarca-Velazquez’s guilty plea was knowing, voluntary, and supported by a sufficient factual basis. The judge also found him competent to plead guilty and found him guilty of the offense to which he pleaded.
Because the filing was a findings of fact and recommendation, the magistrate judge recommended that the district judge accept the plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were notified of their opportunity to object within 14 days.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge concluded that the Rule 11 requirements were satisfied.
- The recommendation to accept the plea remained subject to district-court review and any timely objections.
Why It Matters
The decision documents the magistrate judge’s plea findings but does not itself impose sentence or constitute the district judge’s acceptance of the plea. It preserves the parties’ objection process before the presiding district judge acts on the recommendation.