Reported / Citable
Background
Jose Cupertino Perez-Hernandez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding referred under a general order. Perez-Hernandez consented to having the magistrate judge conduct the plea hearing, while sentencing remained for the presiding district judge.
After receiving Rule 11 admonishments, Perez-Hernandez pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. He also acknowledged that restitution could be imposed.
The Court’s Holding
The magistrate judge found that Perez-Hernandez understood the charge, possible penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; and was competent to plead guilty. The court further found that the plea was free and voluntary and supported by a sufficient factual basis.
Accordingly, Judge Watters found Perez-Hernandez guilty of the charged offense and recommended that the district court accept the plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge conducted the Rule 11 plea proceeding with the defendant’s consent.
- The recommendation is subject to objections; unobjected-to findings may receive only plain-error review on appeal.
Why It Matters
The filing is a findings-and-recommendation order, not a final district-court acceptance of the plea or a sentencing decision. It establishes that the magistrate judge found the Rule 11 requirements satisfied and recommended entry of judgment, subject to the parties’ objection period and district-court action.