USA v. Fernandez

OCR transcription for search; preserved printed pages are authoritative

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

Case 3:25-cr-00483-X Document 24 Filed 03/05/26 Pageiofi PagelD <pagelD>
DALLAS DIVISION
UNITED STATES OF AMERICA

V. CASE NO.: 3:25-CR-483-X

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ROBERTO BORIS FERNANDEZ (1)

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REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY |

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ROBERTO BORIS FERNANDEZ, 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
Information. After cautioning and examining ROBERTO BORIS FERNANDEZ 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 ROBERTO BORIS FERNANDEZ, be adjudged guilty of Hlegal Reentry After
Removal from the United States, in violation of 18 U.S.C. § 1326(a), and have sentence imposed accordingly. After being
found guilty of the offense(s) by the district judge,

_] * 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.

C The Government does not oppose release.
C The defendant has been compliant with the current conditions of release.
C) I find by clear and convincing evidence that the defendant is not likely to flee or pose a danger to any other

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The defendant is currently in custody and should be ordered to remain in custody.
person or the community if released and should therefore be released under § 3142(b) or (c).

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CJ The Government opposes release.
O The defendant has not been compliant with the conditions of release.
J If the Court accepts this recommendation, this matter should be set for hearing upon motion of the
Government.
C] 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) exceptipagl circumstances are clearly shown |
under § 3145(c) why the defendant should not be detained, and (2) the Co gs by clear and convincing evidence |
that the defendant is not likely to flee or pose a danger to any other pey he community if released.

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UNITED STATES MAGISTRATE JUDGE

NOTICE

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Failurelto file written objections|to this Report and Recommendation within fourteen (14) days from the date of its service
sh Ubdt ha bp Sribviedl! paity! fkomladck it g such Report and Recommendation before the assigned United States District
JudgBy28 U.S.C, §636(b)(1)(B).

Deputy
AUTHENTICATED
U.S, GOVERNMENT
INFORMATION
GPO