Reported / Citable
Background
Humberto Mojarro-Avila appeared with counsel before a magistrate judge for a felony guilty-plea proceeding. He consented to having the magistrate judge take his plea, while sentencing remained for the presiding district judge.
Mojarro-Avila pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. The magistrate judge gave Rule 11 admonishments and advised him of his right to have the district judge take the plea.
The Court’s Holding
Magistrate Judge Matthew H. Watters found that Mojarro-Avila understood the charge, penalties, and rights at issue; knowingly and voluntarily waived his rights; was competent to plead; and entered his plea freely and voluntarily.
The magistrate judge also found an adequate factual basis for the plea and found Mojarro-Avila guilty of the charged offense. The recommendation, however, was that the district judge accept the plea and enter a judgment of guilt; the case was referred to the district judge for sentencing.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge concluded that the Rule 11 plea requirements were satisfied.
- Any objections to the recommendation were due within 14 days.
Why It Matters
The filing is a magistrate judge’s findings and recommendation, not a final sentencing decision. It establishes that the plea colloquy supported acceptance of the guilty plea, subject to district-court review and any timely objections.