Reported / Citable
Background
Marcelo Vazquez-Garcia appeared with counsel before Magistrate Judge Matthew H. Watters for a felony guilty-plea hearing. The case had been referred under a general order for the magistrate judge to take the plea.
After advising Vazquez-Garcia that he could have the plea taken by the district judge, the magistrate judge gave the Rule 11 admonishments. Vazquez-Garcia consented to the magistrate judge’s taking of the plea and 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 Vazquez-Garcia understood the charge, penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; and was competent to plead guilty. The court also found that the plea was voluntary and supported by a sufficient factual basis.
The magistrate judge therefore found Vazquez-Garcia 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
- Vazquez-Garcia pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 requirements satisfied and the plea supported by a factual basis.
- The filing is a recommendation; the district judge retains responsibility for accepting the plea and imposing sentence.
Why It Matters
The recommendation preserves the distinction between a magistrate judge’s plea colloquy and the district judge’s final acceptance and sentencing decisions. Parties have 14 days to file written objections to the proposed findings and recommendation.