USA v. Hernandez-Martinez

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Case 3:26-cr-00007-N Document 23 Filed 03/05/26 Pagelofi PagelD <pagelD>
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

UNITED STATES OF AMERICA

V. CASE NO.: 3:26-CR-00007-N

Lr? Lr Lr Or Or

RODRIGO HERNANDEZ-MARTINEZ (1)

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

RODRIGO HERNANDEZ-MARTINEZ (1), 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) | of the
Indictment After cautioning and examining RODRIGO HERNANDEZ-MARTINEZ (1) 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 RODRIGO HERNANDEZ-MARTINEZ (1) be adjudged guilty of
8 U.S.C. § 1326(a) Illegal Reentry After Removal from the United States and have sentence imposed accordingly. After
beiwg 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.

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).

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

CL] 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 5, 2026 ath
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[ - UNITED STA TES-MAGISTRATE JUDGE
MA - 3 2026 | NOTICE
Fanta rh a file weriftea sien is Keport and Recommendation within fourteen (14) days from the date of its

service $hall bar an’ aggrieved party from attacking such Report and Recommendation before the assigned United States

District Judge. DRAES-EnS 63 ODED BI —

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