Reported / Citable
Background
Nelson Noe Guevara appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea hearing. The case had been referred under a general order for the magistrate judge to take the plea.
After being advised that he could have his plea taken by a district judge, Guevara consented to proceeding before the magistrate judge. He pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States.
The Court’s Holding
Judge Watters found that Guevara understood the charge, penalties, and rights he was waiving; that he was competent; and that his plea was knowing, free, and voluntary. The magistrate judge also found a sufficient factual basis for the plea and found Guevara guilty of the charged offense.
The magistrate judge recommended that the district court accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, subject to the parties’ opportunity to object to the findings and recommendation within 14 days.
Key Takeaways
- Guevara pleaded guilty without a plea agreement to illegal reentry.
- The magistrate judge found the Rule 11 requirements satisfied and a factual basis for the plea.
- The recommendation to accept the plea remains subject to district-court review and timely objections.
Why It Matters
The order illustrates the magistrate-judge plea process in a felony case: with the defendant’s consent, the magistrate judge may conduct the plea colloquy and issue findings and a recommendation, while the district judge retains responsibility for accepting the recommendation and imposing sentence.