Reported / Citable
Background
Juan Carlos Hernandez-Flores appeared with counsel before U.S. Magistrate Judge Matthew H. Watters to enter a felony guilty plea. The matter had been referred to the magistrate judge under a general order for purposes of taking the plea.
After being advised that he could have a U.S. district judge take his plea, Hernandez-Flores consented to proceed before the magistrate judge. He then pleaded guilty, without a plea agreement, to Count One of the indictment, which charged illegal reentry into the United States.
The Court’s Holding
Following the Rule 11 colloquy, the magistrate judge found that Hernandez-Flores understood the charge, possible penalties, and rights he was waiving; was competent; and entered the plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea and noted that Hernandez-Flores acknowledged he could be subject to restitution.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were advised that they could file written objections to the findings and recommendation within 14 days.
Key Takeaways
- Hernandez-Flores pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a sufficient factual basis.
- The recommendation does not itself constitute the district judge’s acceptance of the plea; acceptance and entry of judgment remain for the district judge.
Why It Matters
The recommendation records compliance with Rule 11 and preserves the respective roles of the magistrate judge and district judge in the felony-plea process. It also gives the parties 14 days to object before the district judge acts on the recommended acceptance of the plea.