USA v. Cortes-Hernandez

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Case 3:25-cr-00396-N Document 29 Filed 01/13/26 Pagelofi PagelD <pagelD>
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

UNITED STATES OF AMERICA

V. CASE NO.: 3:25-CR-00396-N

SALVADOR CORTES-HERNANDEZ (1)

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

SALVADOR CORTES-HERNANDEZ (1), 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(s) | nad
2 of the Indictment After cautioning and examining SALVADOR CORTES-HERNANDEZ (1) 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(s) charged are 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 SALVADOR CORTES-HERNANDEZ (1) be adjudged
guilty of 18 U.S.C. §§ 922(g)(S) and 924(a)(8) Possession of a Firearm by an Illegal Alien and 8 U.S.C. § 1326(a) Illegal
Reentry After Removal from the United States 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.

C] \ 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.

CO The Government does not oppose release.

CO) 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 § 3142(b) or (c).

O The Government opposes release.

CJ 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.

C] 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)4 urt finds by clear and convincing evidence
that the defendant is not likely.to flee-or-pose-a-danger to any ether persdn or the community if released.

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| Are | NOTICE
Failure to file written obijectians tothis'Répwi? alti! Redommendation within fourteen (14) days from the date of its

Date: January 13, 2026

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| bo JAN 4-9 2026 |

District Judge. 28 U.S.C. §636(b)(1}¢B)-——-

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