Reported / Citable
Background
Edwin Javier Dolmo-Suazo appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Dolmo-Suazo that he could have the plea taken by a district judge and gave the required Federal Rule of Criminal Procedure 11 admonishments.
Dolmo-Suazo 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
Judge Watters found that Dolmo-Suazo consented to the magistrate judge’s taking of his plea with counsel’s advice; understood the charge, potential penalties, and his constitutional and statutory rights; and knowingly, freely, and voluntarily waived those rights.
The magistrate judge further found Dolmo-Suazo competent, determined that a sufficient factual basis supported the plea, and found him guilty of the charged offense. The judge recommended that the district court accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The ruling is a findings-and-recommendation order, not the district court’s final acceptance of the plea or sentence.
- Dolmo-Suazo pleaded guilty to illegal reentry without a plea agreement.
- The parties have 14 days to object; failure to object limits later review as stated in the order.
Why It Matters
The recommendation clears the case for the district judge to decide whether to accept the plea and to impose sentence. It also documents Rule 11 compliance, competence, voluntariness, and a factual basis for the plea—findings that ordinarily support acceptance if no sustained objection is raised.