Reported / Citable
Background
Wilberth Javier Pereira-Gonzalez appeared with counsel before a U.S. magistrate judge on July 7, 2026, to enter a felony guilty plea. The matter had been referred to the magistrate judge under a general order for the taking of the plea.
After being advised that he had the right to have the district judge take his plea, Pereira-Gonzalez consented to proceed 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
The magistrate judge found that Pereira-Gonzalez understood the charge, possible penalties, and the constitutional and statutory rights he was waiving. The judge also found that the plea was knowing and voluntary, that Pereira-Gonzalez was competent, and that the plea had a sufficient factual basis.
Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The case was referred to the presiding district judge for sentencing, and the parties were given 14 days to object to the findings and recommendation.
Key Takeaways
- Pereira-Gonzalez pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the plea voluntary, supported by a sufficient factual basis, and entered by a competent defendant who understood his rights.
- The recommendation remains subject to review by the district judge, who will conduct sentencing.
Why It Matters
The recommendation documents the Rule 11 safeguards applied before acceptance of a federal felony guilty plea. It also preserves the division of responsibility between the magistrate judge who took the plea and the district judge who will decide whether to accept the recommendation and will impose sentence.