Reported / Citable
Background
Inmer Jeovanny Banegas-Alvarado, also known as Inmer Geovanni Banegas-Alvarado, 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 receiving Rule 11 admonishments, Banegas-Alvarado 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. Sentencing remained for the presiding district judge.
The Court’s Holding
Judge Watters found that Banegas-Alvarado understood the charge, potential penalties, and his constitutional and statutory rights, and that he knowingly and voluntarily waived those rights. The magistrate judge further found that the defendant was competent, that the plea was voluntary, and that a sufficient factual basis supported it.
The magistrate judge found Banegas-Alvarado guilty of the offense to which he pleaded and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation also noted that the defendant may be subject to restitution.
Key Takeaways
- The defendant pleaded guilty, without a plea agreement, to Count One charging illegal reentry.
- The magistrate judge recommended acceptance of the plea after making Rule 11 findings on competency, voluntariness, and factual basis.
- Any objections to the findings and recommendation must be filed within 14 days; sentencing will be conducted by the presiding district judge.
Why It Matters
This is a guilty-plea recommendation, not a sentencing decision or a final district-court order accepting the plea. The district judge retains responsibility to consider any timely objections, decide whether to accept the recommendation, and impose sentence.