Reported / Citable
Background
Ronald Ernesto Vasquez Colocho appeared with counsel before U.S. Magistrate Judge Matthew H. Watters to enter a felony guilty plea. Under a general referral order, the magistrate judge conducted the plea proceeding pursuant to 28 U.S.C. § 636(b)(3).
After being advised that he could have the district judge take his plea, Vasquez Colocho consented to proceeding 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 Vasquez Colocho understood the charge, potential penalties, and the constitutional and statutory rights he was waiving. The judge also found that the plea was knowing and voluntary, that Vasquez Colocho was competent to plead guilty, and that the plea had a sufficient factual basis.
Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The matter was referred to the presiding district judge for sentencing, and the parties were advised that they had 14 days to object to the findings and recommendation.
Key Takeaways
- Vasquez Colocho pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found that the plea satisfied Rule 11’s requirements and was supported by a sufficient factual basis.
- The filing is a recommendation to the district judge, who will determine whether to accept the plea and will conduct sentencing.
Why It Matters
The recommendation documents the procedural safeguards supporting the guilty plea, including Vasquez Colocho’s consent to the magistrate judge’s role, his understanding and waiver of rights, his competency, and the plea’s factual basis.
It does not impose a sentence or constitute the district judge’s final acceptance of the plea. The recommendation remains subject to objections and review by the presiding district judge.