Reported / Citable
Background
Jose Alfredo Rubio-Rubio 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.
After being advised under Federal Rule of Criminal Procedure 11, Rubio-Rubio 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
Judge Watters found that Rubio-Rubio understood the charge, potential penalties, and his constitutional and statutory rights; voluntarily waived those rights; and was competent to plead guilty. The magistrate judge also found that the plea was free and voluntary and supported by a sufficient factual basis.
The magistrate judge found Rubio-Rubio guilty of the charged offense and recommended that the district judge accept the guilty plea and enter a judgment of guilt. Sentencing remains for the presiding district judge.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 plea colloquy adequate and the plea knowing, voluntary, and factually supported.
- Parties have 14 days to object to the recommendation; failure to object may limit review and appellate challenges.
Why It Matters
The filing is a report and recommendation, not the district court’s final acceptance of the plea or sentencing decision. Unless objections alter the outcome, the case will proceed to the district judge for acceptance of the plea and sentencing.