Reported / Citable
Background
Kevis Exduvixon Pasos Martinez appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding referred under a general order. Martinez consented to having the magistrate judge take his plea; sentencing remains for the presiding district judge.
After receiving Rule 11 admonishments, Martinez pleaded guilty without a plea agreement to Count One of the indictment, illegal reentry into the United States.
The Court’s Holding
The magistrate judge found that Martinez understood the charge, penalties, and his constitutional and statutory rights, and that he knowingly, freely, and voluntarily waived those rights. The court also found him competent to plead and found a sufficient factual basis for the plea.
Judge Watters found Martinez guilty of the charge to which he pleaded and recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation remains subject to objections and district-court review.
Key Takeaways
- Martinez pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge found the Rule 11 plea requirements satisfied, including competency, voluntariness, and a factual basis.
- The magistrate judge recommended acceptance of the plea; the district judge will handle sentencing.
Why It Matters
This is a plea-stage recommendation, not a sentencing decision. Unless timely objections alter the outcome, the district judge may accept the recommended guilty plea and proceed to sentencing.