USA v. Hudspeth et al

United States District Court
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA 	§
§
v. 	§ 	CRIMINAL ACTION NO. 3:23-CR-0447-S
§
DANIEL WAYNE HOLLAND (2) 	§
AMENDED REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY
DANIEL WAYNE HOLLAND by consent, under authority of United States v. Dees, 125 F.3d 261 (5th 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 Superseding
Information, filed December 17, 2025. 	After cautioning and examining DANIEL WAYNE HOLLAND 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 DANIEL WAYNE HOLLAND be adjudged
guilty of Possession of a Firearm by a Convicted Felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(8) and have
sentence imposed accordingly.
☒ 	The Defendant is currently in custody and should be ordered to remain in custody.
☐ 	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.
☐ 	The Government does not oppose release.
☐ 	The Defendant has been compliant with the current conditions of release.
☐ 	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).
☐ 	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.
☐ 	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.
SIGNED January 6, 2025.
_____________________________________
UNITED STATES MAGISTRATE JUDGE
BRIAN MCKAY
NOTICE
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).
Case 3:23-cr-00447-S Document 77 Filed 01/06/26 Page 1 of 1 PageID <pageID>