USA v. Smith

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Case 3:24-cr-00226-N Document 45 Filed 02/26/26 Pagelofi PagelD <pagelD>
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

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UNITED STATES OF AMERICA

v. CASE NO.: 3:24-CR-00226-N

DEMARCUS SMITH (1)

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

DEMARCUS SMITH (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 DEMARCUS SMITH (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. | therefore recommend that the plea of
guilty be accepted, and that DEMARCUS SMITH (1) be adjudged guilty of 18 U.S.C. §§ 922(g)(1) and 924(a)(8)
Possession of a Firearm by a Convicted Felon and have sentence imposed accordingly. After being found guilty of the
offense by the district judge,

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

>= 4 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.
pst The Government does not oppose release.
x! The defendant has been compliant with the current conditions of release.

KX 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

CJ 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: February 26, 2026. 7 a
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UNITED SEs MAGISTRATE JUDGE

FEE )
NOTICE
Failure to file writtemsobjections to this Report and Recommendation within fourteen (14) days from the date of its
service Sat par an aggrieved party. from_attacking such Report and Recommendation before the assigned United States

District Judge. 28 U.S.C. §636(b)(1)(B). Kat

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO.