Reported / Citable
Background
Eled Ovidio Lorenzo-Lopez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for the taking of a felony guilty plea. The case had been referred under a general order pursuant to 28 U.S.C. § 636(b)(3).
Lorenzo-Lopez consented to having the magistrate judge take his plea. After receiving Rule 11 admonishments, 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 Lorenzo-Lopez understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; and was competent to plead guilty. The magistrate judge also found a sufficient factual basis for the plea.
The magistrate judge found Lorenzo-Lopez guilty of the charged offense and recommended that the district judge accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a factual basis.
- The recommendation remains subject to objection and acceptance by the district judge.
Why It Matters
The decision reflects the Rule 11 process for a felony guilty plea taken by a magistrate judge with the defendant’s consent. It does not itself impose sentence; sentencing remains for the district judge after the recommendation is addressed.