Reported / Citable
Background
Francisco Javier Chavez-Montemayor 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 taking of the plea.
After receiving Rule 11 advisements, Chavez-Montemayor consented to having the magistrate judge take his plea. He pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. Sentencing remained for the presiding district judge.
The Court’s Holding
Judge Watters found that Chavez-Montemayor 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 and found Chavez-Montemayor guilty of the charge to which he pleaded. The court recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied and recommended acceptance of the plea.
- Any objections to the recommendation were due within 14 days; sentencing was referred to the district judge.
Why It Matters
The filing is a recommendation, not the district court’s final acceptance of the plea or sentence. It records the magistrate judge’s findings that the plea was knowing, voluntary, competent, and supported by a factual basis, subject to the parties’ opportunity to object and the district judge’s review.