USA v. Napoleon et al

OCR transcription for search; preserved printed pages are authoritative

Case 3:25-cr-00565-X Document 31 Filed 03/24/26 Pageiofi PagelD <pagelD>

IN THE UNITED STATES DISTRICT COURTS DISTRICT Cy
FOR THE NORTHERN DISTRICT OH TERASH ii é RN Dis s ! RICT O]
DALLAS DIVISION

UNITED STATES OF AMERICA

V. CASE NOf 3:25-CR-565-

Lr LP Lr Lr

SCOTT ALAN NAPOLEON (1)

REPORT AND RECOMMENDAFION
CONCERNING PLEA OF GUILTY

SCOTT ALAN NAPOLEON, 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) Two of the Indictment.
After cautioning and examining SCOTT ALAN NAPOLEON 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. I therefore recommend that the plea of
guilty be accepted, and that SCOTT ALAN NAPOLEON, be adjudged guilty of Using a Communication Facility to
Facilitate a Drug Felony, in violation of 21 U.S.C. § 843(b), and have sentence imposed accordingly. After being found
guilty of the offense(s) by the district judge,

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

4 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.

3 The Government does not oppose release.
The defendant has been compliant with the current conditions of release.
D4 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

O 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.

Q_

UNITED STATES MAGISTRATE JUDGE

Date: 24" day of March, 2026.

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.