Reported / Citable
Background
Jean Franco Romero-Herrera appeared with counsel before a magistrate judge for a felony guilty-plea proceeding. He consented to having the magistrate judge take his plea, while sentencing was reserved for Chief U.S. District Judge Alia Moses.
Romero-Herrera pleaded guilty, without a plea agreement, to Count One of the indictment, charging illegal reentry into the United States.
The Court’s Holding
Magistrate Judge Matthew H. Watters found that Romero-Herrera understood the charge, potential penalties, and his rights; knowingly and voluntarily waived those rights; was competent; and entered his guilty plea freely and voluntarily.
The magistrate judge also found a sufficient factual basis for the plea and found Romero-Herrera guilty of the count to which he pleaded. The judge recommended that the district court accept the plea and enter a judgment of guilt, then referred the matter to the presiding district judge for sentencing.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 plea requirements satisfied.
- The recommendation remains subject to objections and district-court review before sentencing.
Why It Matters
The filing is a magistrate judge’s findings and recommendation, not a final sentencing decision. It establishes the factual and procedural basis for the district court to accept the guilty plea and proceed to sentencing.