USA v. Penaloza et al

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

UNITED STATES OF AMERICA

v.

DOMINGO YANEZ-RODRIGUEZ
(16)
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NO. 4:11-CR-00006-ALM-BD

REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
This report and recommendation addresses a petition for revocation of the defendant’s
supervised release. Dkt. 1973 ( sealed).
PROCEDURAL HISTORY
On April 30, 2012, United States District Judge Marcia A. Crone sentenced defendant
Domingo Yanez-Rodriguez to 60 months of imprisonment followed by five years of supervised
release. Dkt. 1312. Yanez-Rodriguez’s term of supervised release commenced on September 29,
2015. Dkt. 1973 at 1.
In July 2026, a probation officer petitioned the court for a warrant, alleging that Yanez-
Rodriguez had violated two conditions of his supervised release. Id. Specifically, the petition
alleged that Yanez-Rodriguez had violated conditions that required him to not commit another
federal, state, or local crime and remain outside of the United States. Id. at 1–2. In support of those
allegations, the petition asserted that Yanez-Rodriguez was deported from the United States and
subsequently reentered illegally. Id.
A final revocation hearing was held before me on July 28, 2026. Yanez-Rodriguez pleaded true
to both allegations. Minute Entry for July 28, 2026. He also consented to revocation of his
supervised release and waived his right to object to my proposed findings and recommendations.
Id.; Dkt. 2047. The government requested a sentence of six months of imprisonment followed by
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no term of supervised release, which is within the federal sentencing policy statements; the
defendant agreed. The court announced what its recommendation would be.
RECOMMENDATION
In accordance with the Sentencing Reform Act of 1984, the court recommends that: (1) Yanez-
Rodriguez’s supervised release be revoked based on the allegations in the petition for revocation
of his supervised release, Dkt. 1973; (2) Yanez-Rodriguez be committed to the custody of the
Bureau of Prisons to be imprisoned for a term of six months, to run consecutively to any other term
of imprisonment; and (3) Yanez-Rodriguez be placed at a facility in the North Texas area, if
appropriate.

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