Reported / Citable
Background
Pedro Saldana, Jr. appeared with counsel before U.S. Magistrate Judge Matthew H. Watters 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 receiving Rule 11 admonishments, Saldana consented to having the magistrate judge take his plea. He pleaded guilty under a plea agreement to Count One of the indictment, charging felon in possession of a firearm. Sentencing remains with the presiding district judge.
The Court’s Holding
Judge Watters found that Saldana understood the charge, penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
The magistrate judge found Saldana guilty of the charge to which he pleaded and recommended that the district court accept the plea and enter a judgment of guilt. The recommendation noted Saldana’s acknowledgment of potential restitution and his consent to the government’s forfeiture demand.
Key Takeaways
- The magistrate judge recommended acceptance of Saldana’s guilty plea to felon in possession of a firearm.
- The recommendation rests on findings that the Rule 11 plea was knowing, voluntary, competent, and supported by an adequate factual basis.
- Parties have 14 days to object; sentencing will be conducted by the presiding district judge.
Why It Matters
This is a plea-stage recommendation, not a sentencing decision or final district-court acceptance of the plea. Unless timely objections are filed, the district court may accept the recommendation and enter judgment of guilt, with sentencing to follow.