Reported / Citable
Background
Carlos De Jesus Betancourth-Ortez 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 Betancourth-Ortez that he could have his plea taken by a district judge and gave the required Federal Rule of Criminal Procedure 11 admonishments.
Betancourth-Ortez, with counsel’s advice, consented to the magistrate judge’s taking of the plea. He pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. Sentencing remains for the presiding district judge.
The Court’s Holding
The magistrate judge found that Betancourth-Ortez understood the charge, potential penalties, and his constitutional and statutory rights; freely and voluntarily waived those rights; and was competent to plead guilty. The court also found a sufficient factual basis for the plea.
Based on those findings, the magistrate judge found Betancourth-Ortez guilty of the charged offense and recommended that Chief U.S. District Judge Alia Moses accept the guilty plea and enter a judgment of guilt. The recommendation advised the parties that objections must be filed within 14 days.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry.
- The magistrate judge found the Rule 11 plea requirements satisfied, including voluntariness, competence, and factual basis.
- The filing is a recommendation, not the district court’s final acceptance of the plea or sentencing decision.
Why It Matters
The recommendation moves the case toward entry of judgment and sentencing, while preserving the parties’ opportunity to object before the district judge acts. It also underscores that a magistrate judge may conduct a felony plea proceeding with the defendant’s consent, subject to the district judge’s acceptance and sentencing authority.