Reported / Citable
Background
Victor Penaloza-Rosado appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for the taking of a felony guilty plea. The matter had been referred to the magistrate judge under a general order.
After receiving Rule 11 advisements, Penaloza-Rosado consented to having the magistrate judge take his plea. He 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 Penaloza-Rosado understood the charge, possible penalties, and his constitutional and statutory rights; voluntarily waived those rights; was competent; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea and found him guilty of the charged offense.
The magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. Sentencing was referred to the presiding district judge, and the parties were advised that they could file objections within 14 days.
Key Takeaways
- The defendant pleaded guilty to illegal reentry without a plea agreement.
- The magistrate judge concluded that the Rule 11 requirements were satisfied and that the plea had a factual basis.
- The recommendation to accept the plea remained subject to district-court review and any timely objections.
Why It Matters
The decision illustrates the magistrate judge’s role in conducting felony plea proceedings with the defendant’s consent while leaving final acceptance and sentencing to the district judge. It also preserves the parties’ opportunity to object before the district court acts on the recommendation.