Reported / Citable
Background
Marcos Leonel Lara-Gutierrez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The case had been referred by general order for the taking of a felony plea.
After Rule 11 admonishments, Lara-Gutierrez pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. He consented to having the magistrate judge take the plea; sentencing remains for the presiding district judge.
The Court’s Holding
Judge Watters found that Lara-Gutierrez understood the charge, penalties, and rights he was waiving; was competent; and entered his plea knowingly, freely, and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
The magistrate judge found Lara-Gutierrez guilty of the count to which he pleaded and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation was subject to objections within 14 days.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied and a factual basis for the plea.
- The district judge, not the magistrate 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 are filed, the district court may accept the recommendation and proceed to sentencing.