USA v. Lopez et al

OCR transcription for search; preserved printed pages are authoritative

Case 3:21-cr-00561-N Document126 Filed 12/11/25 | Page V.6fdisTRi WY <pagellb>

UNITED STATES OF AMERICA

Vv.

ELIAS GARCIA (3)

IN THE UNITED STATES DISTRICT C HERN DISTRICT OF TE
FOR THE NORTHERN DISTRICT GF TEX FILED
DALLAS DIVISION

By.

CASE NO}: 3:2 1ECBRANGSIOISTRICT )

Deputy

Lr LP Lr Lr Lr

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

ELIAS GARCIA (3), 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 ELIAS GARCIA (3) under oath concerning each of the subjects mentioned in Rule 11, |
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 ELIAS GARCIA (3) be adjudged guilty of 21 U.S.C. § 846 Conspiracy to Possess with Intent
to Distribute a Controlled Substance and have sentence imposed accordingly. After being found guilty of the offense by
the district judge,

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

O 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.

O 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).

O The Government opposes release.

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

O If the Court accepts this recommendation, this matter should be set for hearing upon motion of the

Government.

A 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 setae, and (2) the Court finds by clear and convincing evidence

Date: December 11, 2025 Cale: LL

N{TEDYSTATES 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).

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO.