Reported / Citable
Background
Olman Fernando Montes Lobo appeared with counsel before a magistrate judge on July 7, 2026, for a felony guilty-plea proceeding. The case had been referred under a general order for the taking of the plea.
After being advised of his right to have a district judge take the plea and receiving the required Rule 11 admonishments, Montes Lobo pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States.
The Court’s Holding
Magistrate Judge Matthew H. Watters found that Montes Lobo knowingly and voluntarily consented to the magistrate judge taking his plea, understood the charge, penalties, and rights he was waiving, and was competent to plead guilty.
The magistrate judge also found a sufficient factual basis for the plea and found Montes Lobo guilty of the charged offense. The recommendation, however, was that the district judge accept the plea and enter judgment of guilt; sentencing was referred to the presiding district judge.
Key Takeaways
- Montes Lobo pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a factual basis.
- The recommendation remained subject to objections and final action by the district judge.
Why It Matters
The order illustrates the magistrate judge’s limited role in a referred felony plea proceeding: conducting the plea colloquy and issuing findings and a recommendation, while the district judge retains responsibility for accepting the recommendation, entering judgment, and imposing sentence.