Reported / Citable
Background
Wilson Fabian Chiguano-Chusin appeared with counsel before U.S. Magistrate Judge Matthew H. Watters 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 could have the district judge take his plea, Chiguano-Chusin consented to proceed before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment, which charged illegal reentry into the United States.
The Court’s Holding
Judge Watters found that Chiguano-Chusin understood the charge, penalties, and rights he was waiving; was competent; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea and found Chiguano-Chusin guilty of the charge to which he pleaded.
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 advised that they had 14 days to object to the findings and recommendation.
Key Takeaways
- A magistrate judge may take a felony guilty plea with the defendant’s consent when the matter has been properly referred.
- Chiguano-Chusin pleaded guilty to illegal reentry without a plea agreement after receiving Rule 11 admonishments.
- The recommendation remains subject to review by the district judge, who will conduct sentencing.
Why It Matters
The recommendation documents the Rule 11 findings required to establish that the defendant’s plea was knowing, voluntary, competent, and supported by an adequate factual basis.
It also preserves the district judge’s role in accepting the recommended disposition, entering judgment, and imposing sentence, while giving the parties an opportunity to object.