USA v. Ryan et al

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Case 3:24-cr-00181-B Document 301 _ Filed 03/31/26 Pageiofi PagelD <pagelD>
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

UNITED STATES OF AMERICA

Vv. CASE NO.: 3:24-CR-00181-B

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Cr LOr Lr Or

NICOLAS DUARTE, JR

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

NICOLAS DUARTE, JR, 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) One of the one-count
superseding Information filed March 6, 2026. After cautioning and examining NICOLAS DUARTE, JR under oath
concerning each of the subjects mentioned in Rule 11, I 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 NICOLAS DUARTE, JR be adjudged
guilty of Accessory After the Fact in violation of 18 U.S.C. § 3, and have sentence imposed accordingly. After being found
guilty of the offense by the district judge,

an 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.

a The Government does not oppose release.

(b_ Ahe defendant has been compliant with the current conditions of release.

i ie 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.

OOOd

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) 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 4 ased.

Date: March 31, 262@!ISTRICT COURT ae .
NORTHERN DISTRICT OF TEXAS
FILED
RE IS TOLWER
MAR 34 2096 UNIT TATES MAGISTRATE JUDGE
_ NOTICE

Pailureo fite Within bjdctfdhSXo this Report and Recommendation within fourteen (14) days from the date of its
service shall bar dh-agerieved partyfrom attacking such Report and Recommendation before the assigned United States
District Judge: S-E-$63

AUTHENTICATED
U.S. GOVERNMENT.
INFORMATION

GPO.