Reported / Citable
Background
Waldemar Macario-Jorge appeared with counsel before a magistrate judge in the Western District of Texas for a felony guilty-plea proceeding. The case had been referred under a general order for the magistrate judge to take the plea.
Macario-Jorge, with counsel’s advice, consented to having the magistrate judge conduct the plea hearing. He pleaded guilty under a plea agreement to Count One, conspiracy to transport illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I) and (B)(i).
The Court’s Holding
After personally addressing Macario-Jorge in open court and giving the required Rule 11 admonishments, Magistrate Judge Joseph A. Cordova found that Macario-Jorge understood the charge, potential penalties, and his constitutional and statutory rights. The magistrate judge further found that the waiver of rights and guilty plea were knowing, free, and voluntary.
The magistrate judge also found Macario-Jorge competent, determined that a sufficient factual basis supported the plea, and found him guilty of the charge to which he pleaded. The magistrate judge recommended that the district judge accept the plea and enter a judgment of guilt; sentencing remains for the presiding district judge.
Key Takeaways
- The magistrate judge recommended acceptance of Macario-Jorge’s guilty plea to conspiracy to transport illegal aliens.
- The recommendation rests on findings that the Rule 11 plea requirements were satisfied and that the plea had an adequate factual basis.
- Parties have 14 days to file written objections; absent objections, review and later appellate challenges are limited as described in the recommendation.
Why It Matters
This is a plea-stage recommendation, not a sentencing decision or a final district-court order accepting the plea. It illustrates the use of a magistrate judge, with the defendant’s consent, to conduct a felony guilty-plea proceeding while the district judge retains sentencing authority.