Reported / Citable
Background
Rafael Antonio Dubon-Oliva appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The matter had been referred under a general order for the taking of a felony plea.
After being advised of his right to have the plea taken by a district judge and receiving the required Rule 11 admonishments, Dubon-Oliva pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States.
The Court’s Holding
Judge Watters found that Dubon-Oliva, with counsel’s advice, consented to the magistrate judge conducting the plea proceeding; understood the charge, penalties, and his rights; and knowingly, freely, and voluntarily waived those rights.
The magistrate judge further found Dubon-Oliva competent, found a sufficient factual basis for the plea, and found him guilty of the charged offense. The court recommended that the district judge accept the guilty plea and enter a judgment of guilt; sentencing was referred to the presiding district judge.
Key Takeaways
- The ruling is a report and recommendation, not a final district-court acceptance of the plea.
- Dubon-Oliva pleaded guilty to illegal reentry without a plea agreement.
- Parties have 14 days to object to the findings and recommendation.
Why It Matters
The recommendation clears the case for district-court review of the plea and, if accepted, sentencing. It also preserves the parties’ opportunity to seek de novo review by timely objecting to the magistrate judge’s proposed findings.