Reported / Citable
Background
Nelson Omar Portillo-Portillo appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding referred under a general order. The magistrate judge advised Portillo-Portillo that he could have his plea taken by a district judge and conducted the Rule 11 colloquy.
Portillo-Portillo, represented by counsel, consented to the magistrate judge taking his plea. He pleaded guilty without a plea agreement to Count One of the indictment, charging illegal reentry into the United States. Sentencing was reserved for the presiding district judge.
The Court’s Holding
Judge Watters found that Portillo-Portillo understood the charge, potential penalties, and his constitutional and statutory rights; knowingly and voluntarily waived those rights; was competent to plead; and entered his plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea.
The magistrate judge found Portillo-Portillo guilty of the charged offense and recommended that the district court accept the guilty plea and enter a judgment of guilt. The recommendation also noted that Portillo-Portillo may be subject to restitution and advised the parties that objections were due within 14 days.
Key Takeaways
- The defendant pleaded guilty, without a plea agreement, to illegal reentry.
- The magistrate judge found the Rule 11 requirements satisfied, including competence, voluntariness, and a factual basis.
- The guilty-plea determination was a recommendation to the district judge, who will conduct sentencing.
Why It Matters
The filing reflects the magistrate judge’s limited role in the felony plea process: taking a consented-to guilty plea and recommending its acceptance, while leaving final acceptance and sentencing to the district judge.