USA v. Jiang et al

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Case 3:23-cr-00281-L Document 534 _ Filed 03/26/26 Pagelofi PagelD <pagelD>

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION
UNITED STATES OF AMERICA §
V. : CASE NO.: 3:23-CR-00281-L
DAVID GARCIA-TOVAR (8)

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

DAVID GARCIA-TOVAR, 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) Two of the Superseding
Indictment After cautioning and examining DAVID GARCIA-TOVAR under oath concerning each of the subjects
mentioned in Rule 11, 1 determined that the guilty plea(s) was knowledgeable and voluntary and that the offense(s) charged
is supported by an independent basis in fact containing each of the essential elements of such offense. I therefore
recommend that the plea(s) of guilty be accepted, and that DAVID GARCIA-TOVAR be adjudged guilty of 21 U.S.C. §
846, namely, Conspiracy to Possess With the Intent to Distribute a Controlled Substance and have sentence imposed
accordingly. After being found guilty of the offense by the district judge,

O 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.

C] 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).

The Government opposes release.

The defendant has not been compliant with the conditions of release.

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

OOO

*K 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 danger to any other person or the community if released.

Rey

UNITED STATER MAGISTRATE JUDGE

Date: 26th day of March, 2026

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.