USA v. Peller

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Case 3:25-cr-00328-S Document 27 Filed 03/10/26 Pageiofi PagelD <pagelD>
United States District Court

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

UNITED STATES OF AMERICA

v. CRIMINAL ACTION NO. 3:25-CR-0328-S

Or Or Lr (Or OP?

JOHNATHAN DWANN PELLER (1)

REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY

JOHNATHAN DWANN PELLER 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 Indictment
filed July 15, 2025. After cautioning and examining JOHNATHAN DWANN PELLER 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 JOHNATHAN DWANN PELLER be adjudged guilty of
Possession of a Machinegun, in violation of 21 U.S.C. §§ 922(0) and 924(a)(2), and have sentence imposed accordingly.

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

O 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.

O The Government does not oppose release.

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

O 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 18 U.S.C. § 3142(b) or (c).

O The Government opposes release.

O 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.

O 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 person or the community if released.
SIGNED March'10, 2026...) > bss C=
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| : UNITED STATES MAGISTRATE JUDGE
| 1 9 2006 | DAVID HORAN

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| | Une | | NOTICE
Fajlure-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(6 1B).

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