Reported / Citable
Background
Longino Franco-Ramirez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for entry of a felony guilty plea. The matter had been referred under a general order for the taking of the plea.
After receiving Rule 11 admonishments, Franco-Ramirez 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 Franco-Ramirez understood the charge, its penalties, and his constitutional and statutory rights, and that he knowingly, freely, and voluntarily waived those rights. The court also found him competent and determined that a sufficient factual basis supported the plea.
Judge Watters found Franco-Ramirez guilty of the charge to which he pleaded and recommended that the district court accept the guilty plea and enter a judgment of guilt. The case was referred to the presiding district judge for sentencing.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by an adequate factual basis.
- The recommendation is subject to objections within 14 days, with the stated consequences for failing to object.
Why It Matters
This is a plea-stage recommendation rather than a final sentencing decision. If accepted by the district court, it will establish Franco-Ramirez’s conviction on the illegal-reentry count and move the case to sentencing.