Reported / Citable
Background
Jose Javier Alvarado-Acosta appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The case had been referred by general order for the magistrate judge to take the plea.
After being advised under Federal Rule of Criminal Procedure 11, Alvarado-Acosta consented to plea-taking by the magistrate judge and 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
Judge Watters found that Alvarado-Acosta 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 magistrate judge also found a sufficient factual basis for the plea and found Alvarado-Acosta guilty of the offense to which he pleaded. The judge recommended that the district court accept the plea and enter a judgment of guilt.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a factual basis.
- The recommendation remains subject to objections and district-court review; sentencing will be conducted by the district judge.
Why It Matters
This is a plea-stage recommendation, not a final sentencing decision. Unless timely objections are filed, the district court may accept the recommendation and proceed to sentencing.