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USA v. Duarte-Perez — Magistrate judge recommends accepting guilty plea

Reported / Citable

Case
United States of America v. Jose Gerardo Duarte-Perez
Court
U.S. District Court for the Western District of Texas, Del Rio Division
Judge
Matthew H. Watters
Date Decided
August 7, 2026
Docket No.
DR:26-CR-02165(1)-AM
Topics
Criminal procedure; Guilty plea; Illegal reentry

Background

Jose Gerardo Duarte-Perez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for the taking of a felony guilty plea. The case had been referred to the magistrate judge under a general order pursuant to 28 U.S.C. § 636(b)(3).

After being advised of his right to have the plea taken by a district judge and receiving Federal Rule of Criminal Procedure 11 admonishments, Duarte-Perez pleaded guilty without a plea agreement to Count One of the indictment, illegal reentry into the United States.

The Court’s Holding

Judge Watters found that Duarte-Perez knowingly, freely, and voluntarily entered his plea; understood the charge, penalties, and rights he was waiving; was competent; and that a sufficient factual basis supported the plea. The magistrate judge also found Duarte-Perez guilty of the charged offense and noted that he may be subject to restitution.

Because the filing is a findings-of-fact and recommendation rather than a final plea-acceptance order, the magistrate judge recommended that the district court accept the plea and enter a judgment of guilt. Sentencing remains for the presiding district judge.

Key Takeaways

  • Duarte-Perez pleaded guilty to illegal reentry without a plea agreement.
  • The magistrate judge found the Rule 11 requirements satisfied and the plea supported by an adequate factual basis.
  • The recommendation is subject to objections within 14 days and awaits district-court action.

Why It Matters

The decision illustrates the magistrate-judge plea procedure in felony cases: with the defendant’s consent, a magistrate judge may conduct the Rule 11 colloquy and recommend acceptance, while the district judge retains responsibility for final action and sentencing.

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