USA v. Fuentes-Marquez

OCR transcription for search; preserved printed pages are authoritative

IN THE UNITED STATES DISTRICT COURT

Case 3:25-cr-00186-K FORGHENOBTHERY BIRERIET QETEXAB) — PagelD <pagelD>

DALLAS DIVISION

UNITED STATES OF AMERICA §
§

VS. § CASE NO.: 3:25-CR-186-K (01)
§
§

RAFAEL ARNOLDO FUENTES-MARQUEZ

REPORT AND RECOMMENDATION |
CONCERNING PLEA OF GUILTY |

RAFAEL ARNOLDO FUENTES-MARQUEZ, 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 the Count 1 of the 1-Count Indictment, filed on April 22, 2025. After cautioning and |

examining Defendant Rafael Arnoldo Fuentes-Marquez 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 Defendant A Rafael |
Arnoldo Fuentes-Marquez, be adjudged guilty of Illegal Reentry of After Removal from the United
States, in violation of 8 USC § 1326(a) and (b)(1), and have sentence imposed accordingly. After being

found guilty of the offense by the district judge. |

|

|

|

The defendant is currently in custody and should be ordered to remain in custody.
oO 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.

oO The defendant has been compliant with the current conditions of release.

Oo 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).

Oo The Government opposes release.

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

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

Oo 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 detajned, and (2) the Court finds by clear and
convincing evidence that the defendant is not likely to flee ose a danger to any other person or the
community if released.

[ S, DIST; CT €C y|
OTE Ny 2026. SOF TEXAS

; H

-— _ DAVID HORAN
" UNITED STATES MAGISTRATE JUDGE
\ 4 9 0)

NOTICE

Failure to file written objections 46 this Report and Recommendation within fourteen (14) days from the date
wong its sepeice shall bar-an-aggrieved-party-from attacking such Report and Recommendation before the assigned United
“sro LHGE i~trict Judge. 28 U-S:C- $63 6(b)HCB)--