USA v. Maldonado

UNITED STATES OF AMERICA,
Plaintiff,
No. 5:25-CR-159-H(01)
RICHARD MALDONADO,
Defendant
ORDERACCEPTING REPORT AND RECOMMENDATION AND
REFERRING TIM ISSUE OF DETENTION TO THE
UMTED STATES MAGISTRATE JUDGE
Before the Court are the Notice Regarding Entry of a Plea of Guilry, the Consent of
the Defendant, and the Report and Recommendation Conceming Plea of Guilty of the
United States Magistrate Judge. As no objections to the Report and Recommendation have
been 6led within fourteen days of service in accordance with 28 U.S.C. $ 636(bXl), the
Court accepts and adopts the Report and Recommendation. Accordingly, the Court accepts
the plea ofguilty, and Maldonado is hereby adjudged guilty of Receipt and Disuibution of
Child Pomography in violation of 18 U.S.C. SS2252A(a)(2) and @). Sentence will be
imposed in accordance with the Court's scheduling order. The Court now refers the issue of
mandatory detention pending sentencing to the Honorable Magistrate Judge Burch.
l. Background
The Indictment charges a violation of 18 U.S.C. $$ 2252A(a)(2) and O), that is
Receipt and Distribution of Child Pomography. On February 9,2026, Maldonado pled
guilty to the charge. The Honorable Magistrate Judge Burch recommended that the plea be
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
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accepted. Having accepted that recommendation, Maldonado has now been adjudged
guilty of Receipt and Distribution of Child Pomography.
2. Legal Standard Governing Mandatory Deteftion
Title 18 United States Code, Section 3143(a)(2) mandates detention after a guilty
plea if the offense of conviction is among those listed in l8 U.S.C. $ 3142(0(1XA)-(C).
Section 3142(fl(l)(A) details three categories of crime-a crime of violence, a violation of
Section 1591, or an offense listed in Section 2332b(g)(5XB). Here, Receipt and Distribution
of Child Pomography is a crime of violence. See United States v. Firzpatrick,44 F. App'x 653
(5th Ct. 2002). A crime of violence is defined, among other things, as a felony under
Chapters 77,109A, 110, or 117 of Title 18. 18 U.S.C. 0 3156(aX4). Chapter ll0 includes
the statute of conviction at issue in this case-18 U.S.C. $ 2252(a)(2) and (b).
Section 3143(a)(2) details two exceptions to mandatory detention for defendants
awaiting imposition or execution of a sentence. The defendant must be detained unless
"(A)(i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or
new trial will be granted; or (ii) an attomey for the Govemment has recommended that no
sentence of imprisonment be imposed on the person; and (B) the judicial officer finds by
clear and convincing evidence that the person is not likely to flee or pose a danger to any
other person or the communrty." Id Additionally, a person otherwise "subject to detention
under Section 3A3(a)(2), and who meets the conditions of release set forth in Section
3143(aXl) or (b)(1), may be ordered released, under appropriate conditions, by the judicial
officer, if it is clearly shown that there are exceptional reasons why such person's detention
would not be appropriate. " l8 U.S.C. 0 31a5(c).
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The Court thus refers this matter to the Honotable Magistrate Judge Burch to
determine whether Section 3143(a)(2)'s or Section 3145(c)'s exceptions are satisfied.
3. Conclusion
The issue of mandatory detention for this offense is referred to Magistrate Judge
Burch for resolution.
So ordered on February 27,2026.
JAMES LEY HENDRIX
UNITED ATES DISTRICT JUDGE
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