USA v. Licea-Silva

OCR transcription for search; preserved printed pages are authoritative

Case 3:24-cr-00446-N Document 21 Filed 02/04/26 Pagelofi PagelD <pagelD>

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

UNITED STATES OF AMERICA

V.

IRVIN

the distr

x

O

JOSE LICEA-SILVA (1)

DALLAS DIVISION

CASE NO.: 3:24-CR-00446-N

Cr Lr Or Lr Lr

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

IRVIN JOSE LICEA-SILVA (1), 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) | of the Indictment
After cautioning and examining IRVIN JOSE LICEA-SILVA (1) under oath concerning each of the subjects mentioned in
Rule 11, | determined that the guilty plea 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
of guilty be accepted, and that IRVIN JOSE LICEA-SILVA (1) be adjudged guilty of 8 U.S.C. § 1326(a) Illegal Reentry
After Removal from the United States and have sentence imposed accordingly. After being found guilty of the offense by

ict judge,

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.

OOO

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 § 3142(b) or (c).

OOO

Government.

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

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.

Date:

service jshall bar,

District

eHTTAaTY F SURE RIC) COURI
NORTHERN DISTRICT OF TEXAS

FILED

Ateysions Meertoce

Judge. 28 OSCRRPRH ONIN).

Failure!

Rey

UNITED STATES MAGISTRATE JUDGE

NOTICE

this Report and Recommendation willhin fourteen (14) days from the date of its

U.S. GOVERNMENT

GPO.

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