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United States v. Caballero Lopez — magistrate judge recommends accepting guilty plea to illegal reentry

Reported / Citable

Case
United States of America v. Francis Poncho Caballero Lopez, a/k/a Francis Danery Caballero-Caballero, a/k/a Francis Caballero-Lopez
Court
U.S. District Court for the Western District of Texas
Judge
Matthew H. Watters
Date Decided
September 29, 2026
Docket No.
2:26-cr-02522
Topics
Criminal procedure; Guilty plea; Illegal reentry

Background

The case was referred by general order to U.S. Magistrate Judge Matthew H. Watters to take the defendant’s felony guilty plea. On September 29, 2026, Francis Poncho Caballero Lopez appeared with counsel before the magistrate judge.

After being advised that he could have the plea taken by the district judge, Caballero Lopez consented to proceeding before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment, charging illegal reentry into the United States. Sentencing remains with the presiding district judge.

The Court’s Holding

Judge Watters found that Caballero Lopez understood the charge, penalties, and rights involved; knowingly and voluntarily waived his constitutional and statutory rights; and was competent to plead guilty. The magistrate judge also found that the plea was voluntary and supported by a sufficient factual basis.

The magistrate judge found Caballero Lopez guilty of the count to which he pleaded and recommended that the district court accept the plea and enter a judgment of guilt. The recommendation is subject to objections; absent timely written objections, the parties may lose de novo review and face limits on appellate challenges.

Key Takeaways

  • The defendant pleaded guilty without a plea agreement to illegal reentry.
  • The magistrate judge recommended acceptance of the guilty plea after completing the Rule 11 colloquy.
  • The district judge will conduct sentencing, and the parties have 14 days to object to the recommendation.

Why It Matters

The decision is a procedural guilty-plea recommendation, not a sentencing ruling. It confirms that the magistrate judge found the plea knowing, voluntary, competent, and factually supported, while leaving final acceptance and sentencing to the district court.

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