Reported / Citable
Background
Pedro Nicolas-Margarito was charged with illegal re-entry into the United States in a single-count indictment. On May 27, 2026, Nicolas-Margarito appeared before United States Magistrate Judge Matthew H. Watters in the Western District of Texas, Del Rio Division, to enter a plea. The defendant, represented by counsel, consented to having his plea taken by the Magistrate Judge rather than by the District Judge.
Before accepting the plea, the Magistrate Judge conducted the colloquy required by Federal Rule of Criminal Procedure 11, personally addressing the defendant in open court to ensure he understood the nature of the charges, the potential penalties, and his rights.
The Court’s Holding
The Magistrate Judge found that Nicolas-Margarito fully understood the charges against him and the potential penalties. The court determined that the defendant understood his constitutional and statutory rights—including the right to a jury trial, to confront witnesses, and to have the plea taken by a District Judge—and freely and voluntarily waived those rights.
Nicolas-Margarito entered a guilty plea to Count One (illegal re-entry) without any plea agreement. The Magistrate Judge found the plea was made freely and voluntarily, that the defendant was mentally competent to enter the plea, and that there was a sufficient factual basis supporting the guilty plea. Accordingly, the court found the defendant guilty of the charged offense and recommended acceptance of the guilty plea and entry of judgment of guilt. Sentencing will be conducted by the presiding District Judge.
Key Takeaways
- The defendant’s guilty plea was procedurally sound and complied with Rule 11 requirements for knowing and voluntary pleas.
- This is a Magistrate Judge’s Report and Recommendation, which is subject to de novo review by the District Judge if objections are timely filed within 14 days.
- The defendant may be subject to restitution as part of his sentence.
- Sentencing has been deferred to the presiding District Judge.
Why It Matters
Illegal re-entry prosecutions remain a significant category of federal criminal cases, particularly in border districts. This decision demonstrates the careful procedural safeguards required in Rule 11 guilty-plea colloquies to ensure due process and protect defendants’ constitutional rights. The Magistrate Judge’s thorough findings ensure that any subsequent sentencing proceeding and any appellate review will be based on a sound procedural foundation.
For defendants and practitioners, the case underscores the importance of understanding the colloquy process and the consequences of waiving the right to trial. The 14-day objection window also provides an opportunity for the District Judge to independently review the Magistrate Judge’s findings before they become final.