Reported / Citable
Background
Rudy Humberto Galvez 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 magistrate judge to take the plea.
After receiving Rule 11 advisements, Galvez consented to the magistrate judge taking his plea and pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States. Sentencing remains with the presiding district judge.
The Court’s Holding
Judge Watters found that Galvez understood the charge, penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The magistrate judge also found that the plea was knowing and voluntary and supported by a sufficient factual basis.
The magistrate judge found Galvez guilty of the charge to which he pleaded and recommended that the district judge accept the plea and enter a judgment of guilt. The recommendation is subject to objections within 14 days.
Key Takeaways
- The magistrate judge recommended acceptance of Galvez’s guilty plea to illegal reentry.
- Galvez entered the plea without a plea agreement.
- The district judge will conduct sentencing.
Why It Matters
This is a report and recommendation, not a final district-court acceptance of the plea. Unless timely objections alter the result, the district judge may accept the recommendation and proceed to sentencing.