Reported / Citable
Background
Jose Gerardo Duarte-Perez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for the taking of a felony guilty plea. The case had been referred to the magistrate judge under a general order pursuant to 28 U.S.C. § 636(b)(3).
After being advised of his right to have the plea taken by a district judge and receiving Federal Rule of Criminal Procedure 11 admonishments, Duarte-Perez pleaded guilty without a plea agreement to Count One of the indictment, illegal reentry into the United States.
The Court’s Holding
Judge Watters found that Duarte-Perez knowingly, freely, and voluntarily entered his plea; understood the charge, penalties, and rights he was waiving; was competent; and that a sufficient factual basis supported the plea. The magistrate judge also found Duarte-Perez guilty of the charged offense and noted that he may be subject to restitution.
Because the filing is a findings-of-fact and recommendation rather than a final plea-acceptance order, the magistrate judge recommended that the district court accept the plea and enter a judgment of guilt. Sentencing remains for the presiding district judge.
Key Takeaways
- Duarte-Perez pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied and the plea supported by an adequate factual basis.
- The recommendation is subject to objections within 14 days and awaits district-court action.
Why It Matters
The decision illustrates the magistrate-judge plea procedure in felony cases: with the defendant’s consent, a magistrate judge may conduct the Rule 11 colloquy and recommend acceptance, while the district judge retains responsibility for final action and sentencing.