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Revolorio-Simon — Magistrate judge recommended accepting guilty plea to illegal reentry

Reported / Citable

Case
United States of America v. Nery Giovanni REVOLORIO-Simon
Court
U.S. District Court — Western District of Texas
Judge
MATTHEW H. WATTERS
Date Decided
July 8, 2026
Docket No.
DR:26-CR-00900(1)-EG
Topics
Illegal Reentry, Guilty Plea, Rule 11, Criminal Procedure

Background

Nery Giovanni Revolorio-Simon appeared with counsel before U.S. Magistrate Judge Matthew H. Watters on July 8, 2026, to enter a felony guilty plea. The matter had been referred to the magistrate judge for that purpose under 28 U.S.C. § 636(b)(3).

After being advised that he could have the district judge take his plea, Revolorio-Simon consented to proceeding before the magistrate judge. He then pleaded guilty, without a plea agreement, to Count One of the indictment, which charged illegal reentry into the United States.

The Court’s Holding

Following the Rule 11 colloquy, the magistrate judge found that Revolorio-Simon understood the charge, possible penalties, and rights he was waiving. The judge also found that the defendant was competent, that his plea and waiver were knowing and voluntary, and that a sufficient factual basis supported the plea.

The magistrate judge found Revolorio-Simon guilty of the charge to which he pleaded and 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

  • Revolorio-Simon pleaded guilty to illegal reentry without a plea agreement.
  • The magistrate judge found the plea knowing, voluntary, factually supported, and entered by a competent defendant.
  • The recommendation remains subject to the district judge’s acceptance, with sentencing reserved for the district judge.

Why It Matters

The recommendation documents compliance with Rule 11 and supplies the findings needed for the district judge to accept the felony guilty plea and enter judgment. It also preserves the parties’ opportunity to seek district-court review by filing timely objections.

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