USA v. Hernandez

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Case 3:25-cr-00454-L Document 26 Filed 01/13/26 Pageiofi PagelD <pagelD>
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA

Vv. CASE NO.: 3:25-CR-00454-L

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IVAN HERNANDEZ

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

IVAN HERNANDEZ, 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 Indictment
After cautioning and examining IVAN HERNANDEZ under oath concerning each of the subjects mentioned in Rule 11, |
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 IVAN HERNANDEZ be adjudged guilty of 21 U.S.C. § 841(a)(1) and (b)(1)(B) and 18
U.S.C. § 2, namely, Possession With Intent to Distribute a Controlled Substance, Aiding and Abetting 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.

| 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.

OC The Government does not oppose release.

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

CO 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).

O The Government opposes release.

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

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

OC 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 ear and convincing evidence
that the defendant is not likely to flee or pose a danger to any other pe ommunity if released.

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NITED STATES MAGISTRATE JUDGE
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Hailure to file written obje te tojthis Report and Recommendation within fourteen (14) days from the date of its service
shall eK an aggrieved par ge fecene such Report and Recommendation before the assigned United States District

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