USA v. Mendoza

OCR transcription for search; preserved printed pages are authoritative

Cc 3-06 IN THE UNITED STATES DISTRICT COURT
ase 3:26-cr-00018-K po ROPHR NDT HEI BRIGET OFSBEXAS 1 PagelD <pagelD>

DALLAS DIVISION
UNITED STATES OF AMERICA §
VS. : CASE NO.: 3:26-CR-018-K (01)
GERARDO MENDOZA, JR. :

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

GERARDO MENDOZA, JR., 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 Counts 1 and 2 of the 2-Count Information, filed on January 20, 2026. After cautioning and
examining Defendant Gerardo Mendoza, Jr., 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(s). I
therefore recommend that the plea(s) of guilty be accepted, and that Defendant Gerardo Mendoza, Jr, be
adjudged guilty of (Count 1) - Possession with Intent to Distribute Cocaine, in violation of 21 USC §
841(a)(1) and (b)(1)(C), and (Count 2) — Possession of a Firearm in Furtherance of a Drug Trafficking
Crime, in violation of 18 USC § 942(c)(1)(A)(i), 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.

QO 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).

fs) The Government opposes release.
Oo The defendant has not been compliant with the conditions of release.
QO If the Court accepts this recommendation, this matter should be set for hearing upon motion of the
Government.
a) 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 finds by clear and
convincing evidence that the defendant is not likely to r pose a danger to any other person or the
community if released.

R “Signed March 3;2026:, EXAS

H

ce 4 | ‘DAVID HORAN
{ | UNITED STATES MAGISTRATE JUDGE
MA? - 3 2026 | |
py | NOTICE
| CL Paiture-to’file written. obiTiont to this Report and Recommendation within fourteen (14) days from the date

are MSS shall bar.an aggrieved party from attacking such Report and Recommendation before the assigned United

INEO!

“StatesDistrict Judge--28-U.S.C--$636(b)(1)(B).