USA v. Franklin

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
EL PASO DIVISION
USA
vs.
(1) KEVIN DALE FRANKLIN JR.
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NO: EP:25-CR-01159(1)-DCG
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
UPON DEFENDANT’S PLEA OF GUILTY
On this 5th day of January, 2026, the Defendant and counsel appeared before the Court.
After being admonished as required by Rule 11, Fed. R. Crim. P., the Defendant pled guilty to
the Indictment charging him in Count One with Receipt and Distribution of a Visual
Depiction Involving the Sexual Exploitation of a Minor, in violation of Title 18 U.S.C. §§
2252(a)(2) and (b)(1), and in Count Two with Possession of a Visual Depiction Involving
the Sexual Exploitation of a Minor (Prepubescent/Under 12 Years of Age), in violation of Title
18 U.S.C. §§ 2252(a)(4)(B) & (b)(2).
Accordingly, the Court makes the following findings:
1. The Defendant has consented to the entry of a guilty plea before a Magistrate
Judge, subject to final approval and sentencing by the presiding United States
District Judge.
2. The Defendant fully understands the oath and the consequences of failing to tell
the truth at the plea hearing.
3. The Defendant fully understands the right to plead “not guilty” and to be tried by a
jury.
4. The Defendant fully understands the right to be represented by counsel at trial and
at every other stage of the proceeding.
FILED
DEPUTY
CLERK, U.S. DISTRICT COURT
WESTERN DISTRICT OF TEXAS
BY: ________________________________
January 05, 2026
aq
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5. The Defendant fully understands the right to a trial and that if the Defendant were
to elect to go to trial, the Defendant would have the right to confront and
cross-examine adverse witnesses, to be protected from compelled
self-incrimination, to testify and present evidence, and to compel the attendance of
witnesses.
6. The Defendant fully understands that if the guilty plea is accepted, there will not
be a trial in this case.
7. The Defendant fully understands the nature of the charge, the immigration
consequences if any, and the maximum possible penalties, including any
imprisonment, applicable mandatory minimum penalties, fine, term of supervised
release, as well as any forfeiture or restitution. The defendant also understands
the court’s obligation to impose a special assessment.
8. The Defendant fully understands that in determining sentence, the sentencing
court will consider the applicable Sentencing Guidelines, including any departures
that might be applicable, as well as the sentencing factors under 18 U.S.C. §
3553(a). The Defendant also fully understands that although the sentencing court
will consider the applicable sentencing guidelines, they are advisory in nature.
9. The Defendant’s plea was not induced by any promises, and the Defendant’s plea
was not induced by any threats, force or threats of force.
10. The Defendant acknowledged that he will need to register as a sex offender. The
Defendant also fully understands the United States of America intends to seek the
forfeiture of property from the Defendant, including but not limited to
computer(s), electronic equipment, accessories, and devices, pursuant to Fed. R.
Crim. P. 32.2 and Title 18 U.S.C. §§ 2253(a)(1), (2), and (3).
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11. The Defendant is competent to enter a plea.
12. The Defendant’s plea is made freely, knowingly, and voluntarily.
13. There is a factual basis to support the plea of guilty.
RECOMMENDATION
Based on the foregoing, it is recommended to the district judge that the Defendant’s plea
of guilty be accepted and that a judgment of guilt be entered.
SIGNED and ENTERED this 5th day of January, 2026.
______________________________
LAURA ENRIQUEZ
UNITED STATES MAGISTRATE JUDGE
NOTICE
FAILURE TO FILE WRITTEN OBJECTIONS TO THE FINDINGS AND
RECOMMENDATION CONTAINED IN THE FOREGOING REPORT, PRIOR TO
SENTENCING, MAY BAR DE NOVO DETERMINATION BY THE DISTRICT JUDGE
OF AN ISSUE COVERED HEREIN AND SHALL BAR APPELLATE REVIEW OF
SUCH FACTUAL FINDINGS AS MAY BE ACCEPTED OR ADOPTED BY THE
DISTRICT JUDGE.
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