Reported / Citable
Background
Oscar Emilio Rojas appeared with counsel before a U.S. magistrate judge to enter a felony guilty plea. The matter had been referred to the magistrate judge under a general order for the taking of the plea.
After being advised that he could have the district judge take his plea, Rojas consented to proceed before the magistrate judge. He pleaded guilty without a plea agreement to Count One of the indictment, which charged illegal reentry into the United States.
The Court’s Holding
The magistrate judge found that Rojas understood the charge, potential penalties, and rights he was waiving; entered the plea freely and voluntarily; was competent to plead guilty; and acknowledged that restitution could apply. The judge also found a sufficient factual basis for the plea and found Rojas guilty of the charge to which he pleaded.
The magistrate judge recommended that the district judge accept Rojas’s guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were given 14 days to object to the findings and recommendation.
Key Takeaways
- Rojas pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a sufficient factual basis.
- The recommendation remains subject to review by the district judge, who will conduct sentencing.
Why It Matters
The recommendation records the Rule 11 findings required before a federal felony guilty plea may be accepted. It also preserves the district judge’s role in accepting the plea, entering judgment, and imposing sentence.