Reported / Citable
Background
Albino Lopez Cervantes, also known as Jimmy Daniel Linares-Diaz, was charged with illegal reentry into the United States. The case was referred to U.S. Magistrate Judge Matthew H. Watters under a general order for the taking of a felony guilty plea.
At a September 3, 2026 hearing, Lopez Cervantes appeared with counsel and pleaded guilty to Count One of the indictment without a plea agreement. The magistrate judge advised him of his right to have the plea taken by the district judge and conducted the Rule 11 colloquy.
The Court’s Holding
The magistrate judge found that Lopez Cervantes 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 judge also found a sufficient factual basis for the plea.
Accordingly, the magistrate judge found Lopez Cervantes guilty of the offense to which he pleaded and recommended that Chief U.S. District Judge Alia Moses accept the plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge.
Key Takeaways
- The filing is a magistrate judge’s findings and recommendation, not a final district-court acceptance of the plea.
- Lopez Cervantes pleaded guilty to illegal reentry without a plea agreement.
- Parties have 14 days to object to the recommendation.
Why It Matters
The recommendation clears the case for district-court review and sentencing unless timely objections alter the course. It also preserves the distinction between the magistrate judge’s Rule 11 findings and the district judge’s ultimate acceptance of the plea and entry of judgment.