Reported / Citable
Background
Jose Reyes Nunez-Angel appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The matter had been referred under a general order for the magistrate judge to take the plea.
After being advised that he could have the plea taken by a district judge, Nunez-Angel consented to proceeding before the magistrate judge. He pleaded guilty, without a plea agreement, to Count One of the indictment, charging illegal reentry into the United States.
The Court’s Holding
Judge Watters found that Nunez-Angel understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The magistrate judge also found a sufficient factual basis for the plea and found Nunez-Angel guilty of the charge to which he pleaded.
The magistrate judge recommended that Chief U.S. District Judge Alia Moses accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge. The recommendation advised the parties that objections must be filed within 14 days.
Key Takeaways
- The defendant pleaded guilty without a plea agreement to illegal reentry.
- The magistrate judge found the Rule 11 plea requirements satisfied, including voluntariness, competence, and a factual basis.
- The document is a recommendation to accept the plea; the district judge retains responsibility for acceptance and sentencing.
Why It Matters
The recommendation reflects the magistrate judge’s role in conducting a felony plea hearing with the defendant’s consent while leaving final acceptance of the plea and sentencing to the district judge. Parties who seek district-court review must timely object to the findings and recommendation.