Reported / Citable
Background
Michael Alberto Herrera appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding referred under a general order. Herrera consented to having the magistrate judge take his plea, while sentencing was reserved for the presiding district judge.
After Rule 11 admonishments, Herrera pleaded guilty without a plea agreement to Count One of the indictment, charging a false statement or representation to a U.S. agency or department. He also acknowledged that restitution could be imposed.
The Court’s Holding
Judge Watters found that Herrera understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; and was competent to plead guilty. The magistrate judge further found that the plea was voluntary and supported by a sufficient factual basis.
The magistrate judge found Herrera guilty of the charged offense and recommended that the district court accept the plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing. The parties were advised that objections to the recommendation were due within 14 days.
Key Takeaways
- The magistrate judge recommended acceptance of Herrera’s guilty plea to Count One.
- Herrera entered the plea without a plea agreement after receiving Rule 11 advisements.
- Sentencing remains for the presiding U.S. district judge.
Why It Matters
The filing reflects the magistrate judge’s proposed findings after a felony plea colloquy, rather than a final district-court acceptance of the plea or sentencing decision. Absent timely objections, the district court may consider adopting the recommendation.