Reported / Citable
Background
Jairo Danilo Perez-Avila appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The case had been referred under a general order for the magistrate judge to take the plea.
Perez-Avila consented to having the magistrate judge conduct the plea hearing. After Rule 11 admonishments, 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 Perez-Avila understood the charge, potential penalties, and his rights; knowingly and voluntarily waived his rights; was competent to plead; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
The magistrate judge found Perez-Avila guilty of the charged offense and recommended that the district judge accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge recommended acceptance of the plea after finding compliance with Rule 11.
- Parties had 14 days to object to the findings and recommendation.
Why It Matters
This is a plea-stage recommendation, not a sentencing decision or final acceptance of the plea by the district judge. Absent timely objections, the district court may adopt the recommendation and proceed to sentencing.