Reported / Citable
Background
Jose Felix Condo-Yautibug appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The case had been referred to the magistrate judge by general order under 28 U.S.C. § 636(b)(3).
After receiving Rule 11 advisements, Condo-Yautibug 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 remains assigned to the presiding district judge.
The Court’s Holding
The magistrate judge found that Condo-Yautibug understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; and was competent to plead guilty. The judge also found that the plea was voluntary and supported by a sufficient factual basis.
The magistrate judge found Condo-Yautibug guilty of the offense to which he pleaded and recommended that the district judge accept the plea and enter a judgment of guilt. The recommendation is subject to objections within 14 days.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge concluded that the Rule 11 plea requirements were satisfied.
- The filing is a recommendation to the district judge; sentencing has not yet occurred.
Why It Matters
The recommendation clears the case for the district judge to decide whether to accept the plea and proceed to sentencing. Parties who wish to challenge the proposed findings must timely object or generally forfeit de novo review and later appellate challenges except for plain error.