Reported / Citable
Background
Wemerson Nunes-Duarte appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for the taking of a felony guilty plea. The case had been referred under a general order pursuant to 28 U.S.C. § 636(b)(3).
Nunes-Duarte 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 for the presiding district judge.
The Court’s Holding
After personally addressing Nunes-Duarte and providing the required Rule 11 admonishments, the magistrate judge found that he understood the charge, penalties, and rights he was waiving; that his plea was knowing, free, and voluntary; and that he was competent to plead guilty.
The magistrate judge also found a sufficient factual basis for the plea and found Nunes-Duarte guilty of the charge to which he pleaded. The recommendation was that the district judge accept the guilty plea and enter a judgment of guilt.
Key Takeaways
- The filing is a findings and recommendation, not a final acceptance of the plea by the district judge.
- Nunes-Duarte pleaded guilty to illegal reentry without a plea agreement.
- The parties have 14 days to file written objections to the recommendation.
Why It Matters
The recommendation moves the case toward final acceptance of the plea and sentencing. Absent timely objections, the district judge may adopt the findings, while unobjected-to findings generally receive only plain-error review on appeal.