USA v. Jiang et al

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA 	§
§
v. 	§ 	CASE NO.: 3:23-CR-00281-L
§
ERIC MARTINEZ (5) 	§
REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY
ERIC MARTINEZ, 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) One and Two of the
Superseding Information After cautioning and examining ERIC MARTINEZ under oath concerning each of the subjects
mentioned in Rule 11, I determined that the guilty plea(s) were knowledgeable and voluntary and that the offense(s) charged
are supported by an independent basis in fact containing each of the essential elements of such offense. 	I therefore
recommend that the plea(s) of guilty be accepted, and that ERIC MARTINEZ be adjudged guilty of 21 U.S.C. § 846,
namely, Conspiracy to Possess With the Intent to Distribute a Controlled Substance; and 18 U.S.C. § 924(c)(1)(a)(iii),
namely, Discharging a Firearm During and in Relation to a Drug Trafficking Crime and in Furtherance of a Drug Trafficking
Crime and have sentence imposed accordingly. After being 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.
☐ 	The Government does not oppose release.
☐ 	The defendant has been compliant with the current conditions of release.
☐ 	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: 	25th day of November, 2025
______________________________________
UNITED STATES MAGISTRATE JUDGE
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 3:23-cr-00281-L Document 426 Filed 11/25/25 Page 1 of 2 PageID <pageID>

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA 	§
§
v. 	§ 	CASE NO.: 3:23-CR-00281-L
§
ERIC MARTINEZ (5) 	§
NOTICE REGARDING ENTRY OF A
PLEA OF GUILTY
In the event the Defendant decides at any time before trial to enter a plea of guilty, the United States Magistrate
Judge is authorized, in accordance with United States v. Dees, 125 F.3d 261 (5th Cir. 1997), with the consent of the
Defendant, to conduct the proceedings required by Rule 11, F.R.Cr.P. incident to the making of the plea. If, after conducting
such proceedings, the Magistrate Judge recommends that the plea of guilty be accepted, a presentence investigation and
report will be ordered pursuant to Rule 32, F.R.Cr.P. 	The assigned United States District Judge will then act on the
Magistrate Judge’s Report and Recommendation and if the plea of guilty is accepted, will adjudicate guilt and schedule a
sentencing hearing at which the District Judge will decide whether to accept or reject any associated plea agreement and
will determine and impose sentence. The Defendant may file written objections to the Magistrate Judge's recommendation
within fourteen (14) days from the date of the recommendation pursuant to 28 U.S.C. §636(b)(1)(B).
CONSENT
I hereby declare my intention to enter a plea of guilty in the above case and I request and consent to the
United States Magistrate Judge conducting the proceedings required by Rule 11, F.R.Cr.P. incident to the making
of such plea. I understand that if my plea of guilty is then accepted by the District Judge, the District Judge will
decide whether to accept or reject any plea agreement I may have with the United States and will adjudicate guilt
and impose sentence.
I acknowledge receipt of this document, given to me on this date.
Date: 25th day of November, 2025
ERIC MARTINEZ 	Defendant’s Attorney
Case 3:23-cr-00281-L Document 426 Filed 11/25/25 Page 2 of 2 PageID <pageID>