Reported / Citable
Background
Carmelo Fonseca-Murillo 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 Fonseca-Murillo of his right to have the plea taken by a district judge and gave the required Federal Rule of Criminal Procedure 11 admonishments.
Fonseca-Murillo consented to the magistrate judge’s taking of his plea 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
The magistrate judge found that Fonseca-Murillo understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; and was competent to plead guilty. The court also found that the plea was voluntary and supported by a sufficient factual basis.
Judge Watters found Fonseca-Murillo guilty of the offense to which he pleaded and recommended that the district judge accept the plea and enter a judgment of guilt. The filing is a findings-and-recommendation document, and the parties were given 14 days to object.
Key Takeaways
- Fonseca-Murillo pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 plea requirements satisfied.
- The magistrate judge recommended acceptance of the plea; sentencing remains for the district judge.
Why It Matters
The decision records a plea-stage recommendation, not a final sentencing decision. Unless timely objections are filed, the district judge may accept the recommendation and enter judgment before proceeding to sentencing.