Reported / Citable
Background
Freilyn Adan Perez-Lopez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The case had been referred under a general order for the magistrate judge to take the plea.
Perez-Lopez consented to have the magistrate judge take his plea. After Rule 11 advisements, 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 Perez-Lopez understood the charge, 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.
The magistrate judge found Perez-Lopez guilty of the charge 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
- Perez-Lopez pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied and a factual basis for the plea.
- The filing is a recommendation; the district judge will decide whether to accept the plea and will conduct sentencing.
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 Rule 11 colloquy and recommend acceptance, while the district judge retains responsibility for acting on the recommendation and imposing sentence.