USA v. Smith

OCR transcription for search; preserved printed pages are authoritative

; U.S. DISTRICT COURT
Case 3:25-cr-00550-B Document 29 Filed 01/15/26 PagNQRiHE NCGH@salIBXAS
IN THE UNITED STATES DISTRICT COURT FILE
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JAN 15 2026
UNITED STATES OF AMERICA §
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v. § CASENO.: 3:3 s-GSBSOS DIST URT
§ y eputy’
JOHN CONTE SMITH § <n

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

JOHN CONTE SMITH, 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
Information filed December 2, 2025. After cautioning and examining JOHN CONTE SMITH 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 JOHN CONTE SMITH be adjudged guilty of
Conspiracy to Possess with Intent to Distribute and Distribution of a Schedule II Controlled Substance in violation of 21
U.S.C. § 846, 841(a)(1) and 841(b)(1)(B), and have sentence imposed accordingly. After being found guilty of the offense
by the district judge,

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

C] ° 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.

O The Government does not oppose release.

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

O 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).

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.

OOO

0 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 (¢)€Xd¢eptional circumstances are clearly shown
under § 3145(c) why the defendant should not be detained, and (23 the Cogrt finds by clear and convincing evidence
that the defendant is not likely to flee or pose a danger to anyother person or the community if released.

Date: January 15, 2026

DAVID L. HORAN oN,
UNIT ATES MAGISTRATE JUDGE

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).

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO