USA v. Huerta

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
UNITED STATES OF AMERICA 	§
§
v. 	§ 	2:25-CR-00120-Z-BR
§
DAMIAN GALINDO HUERTA (1) 	§
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY
DAMIAN GALINDO HUERTA (1), by consent, under authority of United States v. Dees, 125 F.3d 261 (5th Cir.
1997), has appeared before me pursuant to FED. R. CRIM. P. 11, and has entered a plea of guilty to Count 2 of the Indictment.
After cautioning and examining DAMIAN GALINDO HUERTA (1) under oath concerning each of the subjects mentioned
in Rule 11, I determined that the guilty plea was knowledgeable and voluntary and that the offense charged is supported by
an independent basis in fact containing each of the essential elements of such offense. I therefore recommend that the plea
of guilty be accepted, and that DAMIAN GALINDO HUERTA (1) be adjudged guilty of 21 U.S.C. §§ 841(a)(1) and
841(b)(1)(B)(i) - POSSESSION WITH INTENT TO DISTRIBUTE 100 GRAMS OR MORE OF HEROIN and have
sentence imposed accordingly. After being found guilty of the offense by the District Judge,
☒ 	The defendant is currently in custody and should be ordered to remain in custody.
☐ 	The defendant must be ordered detained pursuant to 18 U.S.C. § 3143(a)(1) unless the Court finds by clear and
convincing evidence that the defendant is not likely to flee or pose a danger to any other person or the community
if released.
☐ 	The Government does not oppose release.
☐ 	The defendant has been compliant with the current conditions of release.
☐ 	I find by clear and convincing evidence that the defendant is not likely to flee or pose a danger to any other
person or the community if released and should therefore be released under § 3142(b) or (c).
☐ 	The Government opposes release.
☐ 	The defendant has not been compliant with the conditions of release.
☐ 	If the Court accepts this recommendation, this matter should be set for hearing upon motion of the
Government.
☐ 	The defendant must be ordered detained pursuant to 18 U.S.C. § 3143(a)(2) unless (1)(a) the Court finds there is a
substantial likelihood that a motion for acquittal or new trial will be granted, or (b) the Government has
recommended that no sentence of imprisonment be imposed, or (c) exceptional circumstances are clearly shown
under § 3145(c) why the defendant should not be detained, and (2) the Court finds by clear and convincing evidence
that the defendant is not likely to flee or pose a danger to any other person or the community if released.
Date: 	February 23, 2026
______________________________________
UNITED STATES MAGISTRATE JUDGE
NOTICE
Failure to file written objections to this Report and Recommendation within fourteen (14) days from the date of its
service shall bar an aggrieved party from attacking such Report and Recommendation before the assigned United States
District Judge. 28 U.S.C. § 636(b)(1)(B).
Case 2:25-cr-00120-Z-BR Document 30 Filed 02/23/26 Page 1 of 1 PageID <pageID>