Reported / Citable
Background
Adrian Costilla-Perez appeared with counsel before a magistrate judge for a felony guilty-plea proceeding. The matter had been referred under a general order for the taking of the plea.
After receiving Rule 11 admonishments, Costilla-Perez pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. Sentencing was reserved for the presiding district judge.
The Court’s Holding
Magistrate Judge Matthew H. Watters found that Costilla-Perez knowingly and voluntarily consented to the magistrate judge’s taking of his plea, understood the charge, penalties, and rights he was waiving, and was competent to plead guilty.
The magistrate judge also found a sufficient factual basis for the plea and found Costilla-Perez guilty of the charged offense. The court recommended that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The recommendation concerns acceptance of a guilty plea, not sentencing.
- Costilla-Perez pleaded guilty to illegal reentry without a plea agreement.
- Parties have 14 days to object to the findings and recommendation.
Why It Matters
The decision clears the case for district-court review of the recommended plea acceptance and for sentencing. It also preserves the parties’ opportunity to seek de novo review by timely objecting to the magistrate judge’s findings.