Reported / Citable
Background
Antulio Ortiz-Gomez was charged in Count One of an indictment with illegal reentry into the United States. The case was referred by general order to U.S. Magistrate Judge Matthew H. Watters to take Ortiz-Gomez’s felony guilty plea.
Ortiz-Gomez and his counsel appeared before the magistrate judge on July 8, 2026. After being advised that a district judge could take the plea and receiving the admonishments required by Federal Rule of Criminal Procedure 11, Ortiz-Gomez consented to proceed before the magistrate judge and pleaded guilty without a plea agreement.
The Court’s Holding
The magistrate judge found that Ortiz-Gomez understood the charge, potential penalties, and rights he was waiving; entered the plea freely and voluntarily; was competent to plead guilty; and admitted facts sufficient to support the plea. The magistrate judge also found Ortiz-Gomez guilty of the charge to which he pleaded and noted his acknowledgment that restitution could apply.
The magistrate judge recommended that the presiding district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the district judge for sentencing. The recommendation was not itself a final sentencing decision, and the parties were given 14 days after receiving it to file objections.
Key Takeaways
- Ortiz-Gomez pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found that the plea satisfied Rule 11 and was knowing, voluntary, competent, and supported by a sufficient factual basis.
- The magistrate judge recommended acceptance of the plea and entry of judgment, while leaving sentencing to the presiding district judge.
Why It Matters
The recommendation documents the procedural safeguards required before accepting a federal felony guilty plea, including confirmation that the defendant understands the charge, penalties, and waived rights. It also preserves the distinction between a magistrate judge’s plea recommendation and the district judge’s responsibility to act on that recommendation and impose sentence.