Reported / Citable
Background
Hergen Oswaldo Diaz-Lozano was charged in the Western District of Texas with illegal reentry into the United States. Under a general referral order, the case was assigned to Magistrate Judge Matthew H. Watters for the taking of a felony guilty plea.
On August 4, 2026, Diaz-Lozano appeared with counsel and consented to having the magistrate judge take his plea. After receiving Rule 11 admonishments, Diaz-Lozano pleaded guilty without a plea agreement to Count One of the indictment.
The Court’s Holding
The magistrate judge found that Diaz-Lozano understood the charge, potential penalties, and his constitutional and statutory rights; that he voluntarily waived those rights; and that he was competent to plead guilty. The court also found that the plea was free and voluntary and supported by a sufficient factual basis.
Judge Watters found Diaz-Lozano guilty of the offense to which he pleaded and recommended that the district court accept the guilty plea and enter a judgment of guilt. The matter was referred to Chief U.S. District Judge Alia Moses for sentencing.
Key Takeaways
- The recommendation concerns acceptance of Diaz-Lozano’s guilty plea, not final sentencing.
- Diaz-Lozano pleaded guilty without a plea agreement to illegal reentry.
- Parties have 14 days to object to the findings and recommendation.
Why It Matters
The filing reflects completion of the Rule 11 plea process and recommends that the district judge formally accept the plea. Unless objections alter the outcome, the case will proceed to sentencing before the presiding district judge.