Reported / Citable
Background
Jose Ascencion Perez-Perez appeared with counsel before Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The case had been referred to the magistrate judge under a general order for the taking of a guilty plea.
After being advised of his right to have a district judge take the plea and receiving the required Rule 11 admonishments, Perez-Perez pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States.
The Court’s Holding
The magistrate judge found that Perez-Perez understood the charge, penalties, and his constitutional and statutory rights; voluntarily waived those rights; was competent to plead guilty; and entered his plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Perez-Perez guilty of the charge to which he pleaded. The judge recommended that the district court accept the guilty plea and enter a judgment of guilt. Sentencing remains for the presiding district judge.
Key Takeaways
- Perez-Perez pleaded guilty without a plea agreement to illegal reentry.
- The magistrate judge concluded that the Rule 11 plea requirements were satisfied.
- The filing is a recommendation; the district judge must decide whether to accept the plea and will conduct sentencing.
Why It Matters
The recommendation preserves the distinction between the magistrate judge’s plea proceeding and the district judge’s ultimate acceptance of the plea and imposition of sentence. Parties have 14 days to object to the findings and recommendation.