Reported / Citable
Background
Daniel Antonio Vasquez-Velasquez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The matter had been referred to the magistrate judge under a general order for the taking of a felony plea.
After receiving Rule 11 admonishments, Vasquez-Velasquez 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
The magistrate judge found that Vasquez-Velasquez understood the charge, potential penalties, and the rights he was waiving; that he was competent; and that his plea was knowing, free, and voluntary. The court also found a sufficient factual basis for the plea.
Judge Watters found Vasquez-Velasquez 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 concluded that the Rule 11 requirements were satisfied and that a factual basis supported the plea.
- The recommendation remained subject to objections within 14 days and final action by the district judge.
Why It Matters
The decision reflects the magistrate-judge plea procedure in felony cases: with the defendant’s consent, a magistrate judge may conduct the plea colloquy and issue findings and a recommendation, while the district judge retains responsibility for accepting the recommendation and imposing sentence.