Reported / Citable
Background
Edwin Dario Pereira-Puerto appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Pereira-Puerto that he could have the plea taken by a district judge and gave the required Federal Rule of Criminal Procedure 11 admonishments.
Pereira-Puerto, advised by counsel, consented to the magistrate judge’s taking of his plea. He pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. Sentencing remains assigned to the presiding district judge.
The Court’s Holding
The magistrate judge found that Pereira-Puerto understood the charge, potential penalties, and his constitutional and statutory rights, and that he knowingly and voluntarily waived those rights. The court also found him competent to plead guilty and found a sufficient factual basis for the plea.
Having found Pereira-Puerto guilty of the count to which he pleaded, the magistrate judge recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation is subject to objections; parties have 14 days to object.
Key Takeaways
- Pereira-Puerto pleaded guilty without a plea agreement to illegal reentry.
- The magistrate judge found the Rule 11 plea knowing, voluntary, competent, and supported by an adequate factual basis.
- The magistrate judge recommended acceptance of the plea; the district judge will conduct sentencing.
Why It Matters
The ruling is a report and recommendation, not the district court’s final acceptance of the plea or sentencing decision. Unless timely objections are filed, the district court may adopt the recommendation and enter judgment before proceeding to sentencing.