USA v. Hudspeth et al

OCR transcription for search; preserved printed pages are authoritative

Case 3:23-cr-00447-S Document 76 Filed 12/23/25 Pageiofi PagelD <pagelD>

UNITED STATES OF AMERICA

DANIEL WAYNE HOLLAND (2)

United States District Court

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

CRIMINAL ACTION NO. 3:23-CR-0447-S

REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY

DANIEL WAYNE HOLLAND by consent, under authority of United States v. Dees, 125 F.3d 261 (Sth Cir. 1997),
has appeared before me pursuant to FED. R. CRIM. P. 11, and has entered a plea of guilty to Count 1 of the Superseding
Information, filed December 17, 2025. After cautioning and examining DANIEL WAYNE HOLLAND under oath
concerning each of the subjects mentioned in Rule 11, 1 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. | therefore recommend that the plea of guilty be accepted, and that DANIEL WAYNE HOLLAND be adjudged

guilty of Possession of a Firearm by a Convicted Felon in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C) and have
sentence imposed accordingly.

Se The Defendant is currently in custody and should be ordered to remain in custody.

convincing evidence that the Defendant is not likely to flee or pose a danger to any other person or the community
if released.

O The Defendant must be ordered detained pursuant to 18 U.S.C. § 3143(a)(1) unless the Court finds by clear and
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O The Government does not oppose release.

O The Defendant has been compliant with the current conditions of release.

O | 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 18 U.S.C. § 3142(b) or (c). |

O The Government opposes release.

0 The Defendant has not been compliant with the conditions of release.

O If the Court accepts this recommendation, this matter should be set for hearing upon motion of the
Government. |

0 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

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 dangey to any other person or the community if released.

SIGNED December 23, 2025.

recommended that no sentence of imprisonment be imposed, or (c) exceptional circumstances are clearly shown
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“ "RATE JUDGE
DAVID MCKAY

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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).

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO.