Reported / Citable
Background
Edgardo Romario Perez-Martinez appeared with counsel before Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding referred under a general order. Perez-Martinez consented to having the magistrate judge take his plea, while sentencing remains with Chief U.S. District Judge Alia Moses.
After receiving Rule 11 admonishments, Perez-Martinez pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. He acknowledged that restitution could be imposed.
The Court’s Holding
The magistrate judge found that Perez-Martinez understood the charge, potential penalties, and his constitutional and statutory rights; that he knowingly, freely, 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 Perez-Martinez guilty of the offense to which he pleaded. The report recommended that the district court accept the plea and enter a judgment of guilt, with sentencing to follow before the presiding district judge.
Key Takeaways
- The ruling is a findings-and-recommendation report, not the district court’s final acceptance of the plea or sentencing decision.
- Perez-Martinez pleaded guilty without a plea agreement to illegal reentry.
- Parties have 14 days to file written objections; failure to do so limits later review under the notice in the report.
Why It Matters
The report clears the case for the district judge’s consideration of the plea recommendation and for sentencing. It also underscores that a magistrate judge may conduct a felony plea colloquy when the defendant consents, while the district judge retains sentencing authority.