Reported / Citable
Background
Geremias Perez-Garcia appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Perez-Garcia that he could have his plea taken by the district judge and gave the required Federal Rule of Criminal Procedure 11 admonishments.
Perez-Garcia, with counsel’s advice, consented to the magistrate judge taking his plea. He pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. Sentencing remains assigned to the presiding district judge.
The Court’s Holding
The magistrate judge found that Perez-Garcia understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent to plead; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
Judge Watters found Perez-Garcia guilty of the charged offense and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation is subject to objections within 14 days and district-court review.
Key Takeaways
- Perez-Garcia pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 plea requirements satisfied, including competency, voluntariness, and a factual basis.
- The magistrate judge recommended acceptance of the plea; the district judge will conduct sentencing.
Why It Matters
The filing reflects the magistrate-judge plea process in a felony case where the defendant consents and the district judge retains ultimate responsibility for accepting the recommendation and imposing sentence. Parties must timely object to preserve de novo district-court review of the recommendation.