Reported / Citable
Background
Luis Alberto Perez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. Perez consented to having the magistrate judge take his plea, while sentencing remained for Chief U.S. District Judge Alia Moses.
After Rule 11 admonishments, Perez pleaded guilty under a plea agreement to Count One of the indictment: conspiracy to transport illegal aliens. The magistrate judge also advised that Perez could be subject to restitution.
The Court’s Holding
The magistrate judge found that Perez understood the charge, potential penalties, and his constitutional and statutory rights, and that he knowingly, freely, and voluntarily waived those rights. The court further found Perez competent to plead and concluded that a sufficient factual basis supported the plea.
Judge Watters found Perez guilty of the charged offense and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation is subject to objections within 14 days; sentencing is reserved for the presiding district judge.
Key Takeaways
- The magistrate judge recommended acceptance of Perez’s guilty plea to conspiracy to transport illegal aliens.
- The court found the plea voluntary, knowing, and supported by an adequate factual basis.
- Objections to the findings and recommendation are due within 14 days.
Why It Matters
This is a plea-stage recommendation, not a sentencing decision or a final district-court order accepting the plea. Unless timely objections alter the result, the matter proceeds to the district judge for acceptance of the recommendation and sentencing.