Reported / Citable
Background
The case was referred by general order to U.S. Magistrate Judge Matthew H. Watters to take Jose Elias Lopez-Us’s felony guilty plea. Lopez-Us and his counsel appeared before the magistrate judge on July 7, 2026.
After advising Lopez-Us that he could have the district judge take his plea, the magistrate judge conducted the required Rule 11 colloquy. Lopez-Us consented to proceeding before the magistrate judge and pleaded guilty, without a plea agreement, to Count One of the indictment: illegal reentry into the United States.
The Court’s Holding
The magistrate judge found that Lopez-Us understood the charge, possible penalties, and rights he was waiving; entered the plea freely and voluntarily; was competent to plead guilty; and admitted a sufficient factual basis for the plea. The magistrate judge also found Lopez-Us guilty of the charge and noted his acknowledgment that restitution might apply.
Based on those findings, the magistrate judge recommended that the presiding district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the district judge for sentencing, and the parties were given 14 days to object to the findings and recommendation.
Key Takeaways
- Lopez-Us 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 was to accept the plea and enter judgment; sentencing remained for the presiding district judge.
Why It Matters
The recommendation records the Rule 11 findings necessary for acceptance of Lopez-Us’s felony guilty plea. It does not impose a sentence and remains subject to review by the district judge, including de novo review of any timely objections.