Reported / Citable
Background
Betzabeth Sibiru Perez-Fuentes 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.
Perez-Fuentes consented to having the magistrate judge take her plea after being advised that she could have it taken by the district judge. She 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-Fuentes understood the charge, potential penalties, and her constitutional and statutory rights, and that she knowingly and voluntarily waived those rights. The court further found her competent, determined that her plea was voluntary, and found an adequate factual basis for it.
The magistrate judge found Perez-Fuentes guilty of the offense to which she pleaded and recommended that Chief U.S. District Judge Alia Moses accept the plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge.
Key Takeaways
- Perez-Fuentes pleaded guilty without a plea agreement to illegal reentry.
- The magistrate judge found the Rule 11 plea requirements satisfied, including competency, voluntariness, and a sufficient factual basis.
- The filing is a recommendation; the district judge remains to decide whether to accept the plea and to impose sentence.
Why It Matters
The recommendation preserves the division of responsibilities in felony plea proceedings: a magistrate judge may conduct a consented plea hearing and make findings, while the district judge retains responsibility for accepting the recommendation and sentencing.