USA v. Nieto

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA 	§
§
v. 	§ 	Case No. 3:26-cr-00036-S
§
LATISHA NIETO (1) 	§
AMENDED REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY
LATISHA NIETO, by consent, under authority of United States v. Dees, 125 F.3d 261 (5th Cir. 1997), has
appeared before me pursuant to FED. R. CRIM .P. 11, and has entered a plea of guilty to Count(s) 1 of the Indictment. After
cautioning and examining LATISHA NIETO 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(s). I, therefore recommend that the plea
of guilty be accepted, and that LATISHA NIETO be adjudged guilty of Count 1: 18 U.S.C. § 641 Theft of Government
Property and have sentence imposed accordingly. After being found guilty of the offense(s) 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.
☒ 	The Government does not oppose release.
☒ 	The Defendant has been compliant with the current conditions of release. Conditions of release set this day.
☒ 	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.
☐ 	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: 	18th day of March, 2026.
______________________________________
BRIAN McKAY
UNITED STATES MAGISTRATE JUDGE
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).
Case 3:26-cr-00036-S Document 22 Filed 03/18/26 Page 1 of 1 PageID <pageID>