Reported / Citable
Background
Javier Justino Rosa-Alfaro appeared with counsel before U.S. Magistrate Judge Matthew H. Watters to enter a felony guilty plea. The matter had been referred to the magistrate judge under a general order for the taking of the plea.
After being advised that he could have the district judge take his plea, Rosa-Alfaro consented to proceeding before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment, which charged illegal reentry into the United States.
The Court’s Holding
Following the plea colloquy required by Federal Rule of Criminal Procedure 11, the magistrate judge found that Rosa-Alfaro understood the charge, potential penalties, and rights he was waiving. The judge also found that Rosa-Alfaro was competent, that his plea was knowing and voluntary, and that a sufficient factual basis supported it.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The case was referred to the presiding district judge for sentencing, and the parties were notified that they had 14 days to object to the findings and recommendation.
Key Takeaways
- Rosa-Alfaro pleaded guilty to Count One, charging illegal reentry, without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a sufficient factual basis.
- The recommendation does not itself complete sentencing; the presiding district judge will conduct that proceeding.
Why It Matters
The filing documents the Rule 11 safeguards used when a magistrate judge takes a felony guilty plea with the defendant’s consent. It also preserves the district judge’s role in accepting the recommendation, entering judgment, and imposing sentence.