Reported / Citable
Background
Bertha Alisia Romo appeared with counsel before U.S. Magistrate Judge Matthew H. Watters for a felony guilty-plea proceeding. The case had been referred under a general order for the magistrate judge to take the plea.
Romo consented to having the magistrate judge take her plea. After receiving Rule 11 admonishments, she pleaded guilty under a plea agreement to Count One of the indictment: conspiracy to possess with intent to distribute oxycodone resulting in death.
The Court’s Holding
The magistrate judge found that Romo understood the charge, potential penalties, and her constitutional and statutory rights; that she knowingly and voluntarily waived those rights; and that she was competent to plead guilty.
The magistrate judge also found a sufficient factual basis for the plea, found Romo guilty of the charge to which she pleaded, noted her acknowledgment of possible restitution, and recorded her consent to the government’s forfeiture demand. The magistrate judge recommended that the district judge accept the plea and enter a judgment of guilt, with sentencing to be conducted by the presiding district judge.
Key Takeaways
- The ruling is a findings-and-recommendation document, not the district judge’s final acceptance of the plea.
- Romo pleaded guilty to conspiracy to possess with intent to distribute oxycodone resulting in death.
- The parties have 14 days to object to the recommendation; unobjected-to findings may be reviewed on appeal only for plain error.
Why It Matters
The recommendation clears the way for the district judge to accept Romo’s guilty plea and proceed to sentencing. It also preserves the procedural distinction between a magistrate judge’s Rule 11 plea proceeding and the district judge’s ultimate disposition of the criminal case.