USA v. Debose et al

OCR transcription for search; preserved printed pages are authoritative

Case 3:24-cr-00517 Document149_ Filed 03/17/26 Pagelofi PagelD Fie
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS March 17, 2026
DALLAS DIVISION KAREN MITCHELL
CLERK, U.S. DISTRICT

UNITED STATES OF AMERICA, COURT

V. Case Number: 3:24-CR-00517-E(9)

BRIAN SMITH,

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Defendant.

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

BRIAN 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 Ten of the Superseding Indictment,
filed on April 22, 2025. After cautioning and examining BRIAN SMITH 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(s) charged is
supported by an independent basis in fact containing each of the essential elements of such offense. | therefore recommend
that the plea of guilty be accepted, and that BRIAN SMITH be adjudged guilty of Possession with Intent to Distribute
a Controlled Substance, Aiding and Abetting, in Violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), and 18 U.S.C. § 2,
and have sentence imposed accordingly. After being found guilty of the offense by the district judge,

x 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.

CO 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).

CJ The Government opposes release.

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

Cj 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) 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 flee or pose a danger to any other person or the community if released.

Date: March 17, 2026. Lea, Q-

UNITED STATES MAGISTRATE JUDGE
REBECCA RUTHERFORD

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.