Reported / Citable
Background
Dariel Yoel Marin-Bernardez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for the taking of a felony guilty plea. The case had been referred under a general order pursuant to 28 U.S.C. § 636(b)(3).
After Rule 11 admonishments, Marin-Bernardez consented to having the magistrate judge take his plea. He 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 Marin-Bernardez understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; and was competent to plead guilty. The court also found that the plea was voluntary and supported by a sufficient factual basis.
The magistrate judge found Marin-Bernardez guilty of the offense to which he pleaded and recommended that the district judge accept the plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge recommended acceptance of the plea after finding Rule 11 compliance, competence, voluntariness, and a factual basis.
- Parties had 14 days to object to the findings and recommendation.
Why It Matters
The ruling is a report and recommendation, not the district court’s final acceptance of the guilty plea or sentencing decision. Absent timely objections, the district judge may accept the recommendation, with unobjected-to findings generally subject only to plain-error review on appeal.