USA v. Maldonado

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
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UNITED STATES OF AMERICA
CASE NO: 5:25-CR-159-H-BV-1
RICHARD MALDONADO
REPORT AND RECOMMENDATION ON PLEA OF GUILTY
BEFORE UNITED STATES MAGISTRATE JUDGE
The defendant, by consent and under the authority of United States v. Dees,l25
F.3d 261 (5th Cir. 1997), appeared with counsel for the purpose of entering a guilty plea
under Federal Rule of Criminal Procedure I 1. This Report and Recommendation is
submitted to the United States District Judge under 28 U.S.C. $ 636(b)(3).
A. Recommendation regarding Guilty Plea
The defendant was placed under oath and examined in open court concerning the
subjects of Rule I I of the Federal Rules of Criminal Procedure. The defendant was
advised regarding each subject and affirmed hisftrer understanding of each subject.
Pursuant to a written plea agreement with the government, the defendant pled guilty to
Count One of the Indictment, charging a violation of l8 U.S.C. $$ 2252A(a)(2) and (bF
Receipt and Distribution of Child Pornography.
After examining the defendant under oath, I find that:
l. The defendant, upon advice of counsel, consented orally and in writing to enter
this guilty plea before a magistrate judge, subject to final approval and
sentencing by the presiding district judge;
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2. The defendant fully understands the nature of the charges, including each
essential element of the offense(s) charged, and the associated penalties;
3. The defendant fully understands the terms of the plea agreement and plea
agreement supplement;
4. The defendant understands all his/her constitutional and statutory rights and
wishes to waive these rights, including the right to a trial by jury and the right
to appear before a United States district judge;
5. The defendant's plea is made freely and voluntarily;
6. The defendant is competent to enter this plea of guilty;
7. There is a factual basis to support this plea; and
8. The ends ofjustice are served by acceptance of the defendant's plea of guilty.
Based on these findings, I recommend that the defendant's guilty plea be accepted, that
the defendant be adjudged guilty, and that sentence be imposed accordingly.
B. Recommendation regarding 18 U.S.C. $ 31a3(a)(2Frelease or
detention of a defendant pending sentence.
The undersigned magistrate judge previously determined that a combination of a
bond and conditions of pretrial release would reasonably assure the defendant's appearance
for trial and the safety of the community . See 18 U.S.C. $ 3142 (a), (b), (c)(l)(B); Dkt.
Nos.20,21. As of this date, the undersigned magistrate judge is unaware of any violations
of the defendant's bond or conditions of release. Even so, the defendant pled guilty to an
offense for which detention is mandatory under 18 U.S.C. $ 3la3(a)(2) because the offense
is a felony that involves a minor victim. See 18 U.S.C. $ 3142(f)(1XE).
The United States District Judge has the power to review my actions and possesses
final decision-making authority in this proceeding. Thus, if there are any objections to
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these findings or any other action of the undersigned, the defendant is required to make
those known to the United States district judge within fourteen (14) days of today.
Signed on February 9,2026
.AMY'R. BURCH
UNrrBo Surus Mlcrsrnarr Juocr
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