Reported / Citable
Background
Osman Alexi Lopez-Lopez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea hearing. The case had been referred under a general order for the magistrate judge to take the plea.
After receiving Rule 11 admonishments, Lopez-Lopez pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. Sentencing remained assigned to the presiding district judge.
The Court’s Holding
Judge Watters found that Lopez-Lopez consented to the magistrate judge’s taking of the plea, understood the charge, penalties, and rights he was waiving, and entered the plea freely and voluntarily. The magistrate judge also found Lopez-Lopez competent and concluded that a sufficient factual basis supported the plea.
The magistrate judge found Lopez-Lopez guilty of the charge to which he pleaded and recommended that the district court accept the plea and enter a judgment of guilt. The recommendation remained subject to objections within 14 days and review by the district court.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry.
- The magistrate judge found the Rule 11 requirements satisfied, including voluntariness, competency, and a factual basis.
- The filing is a recommendation to the district judge, not a final acceptance of the plea by the district court.
Why It Matters
The recommendation advances the prosecution to sentencing while preserving the parties’ opportunity to object. If adopted, it will result in entry of a judgment of guilt on the illegal-reentry count.