Reported / Citable
Background
Albin Antonie Rosa-Recinos appeared with counsel before a magistrate judge for entry of a felony guilty plea. The case had been referred under a general order for the taking of the plea.
After being advised under Federal Rule of Criminal Procedure 11, Rosa-Recinos consented to having the magistrate judge take his plea. He pleaded guilty, without a plea agreement, to Count One of the indictment, charging illegal reentry into the United States.
The Court’s Holding
Magistrate Judge Matthew H. Watters found that Rosa-Recinos understood the charge, penalties, and the constitutional and statutory rights he waived. The judge further found that the plea was knowing, free, voluntary, and supported by a sufficient factual basis, and that Rosa-Recinos was competent to plead guilty.
The magistrate judge found Rosa-Recinos 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 completing Rule 11 admonishments.
- Parties have 14 days to object to the findings and recommendation.
Why It Matters
The filing is a recommendation, not the district court’s final acceptance of the plea or sentence. Unless timely objections alter the outcome, the presiding district judge will decide whether to accept the plea and will conduct sentencing.