USA v. Gallegos-Gomez

OCR transcription for search; preserved printed pages are authoritative

Case 3:24-cr-00268-S Document 30 Filed 02/03/26 Pageiofi PagelD <pagelD>
United States District Court

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION
UNITED STATES OF AMERICA §
v. : CRIMINAL ACTION NO. 3:24-CR-0268-S
ALVARO GALLEGOS-GOMEZ (1)

REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY

ALVARO GALLEGOS-GOMEZby 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 1 of the Indictment
filed June 25, 2024. After cautioning and examining ALVARO GALLEGOS-GOMEZS 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
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 ALVARO GALLEGOS-GOMEZ be adjudged guilty of Illegal
Reentry After Removal from the United States, in violation of 8 U.S.C. § 1326(a), and have sentence imposed
accordingly.

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.

person or the community if released and should therefore be released under 18 U.S.C. § 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.

O 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

NO
THES OO,

FEB -3 202
CLERK. US lef NOTICE
' ES RISER ME GRR bbjections to this Report and Recommendation within fourteen (14) days from the date of its

By

ree NADU ee toca from attacking such Report and Recommendation before the assigned United States
District JuePWU.S.C. §636(b)(1)(B).

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O I find by clear and convincing evidence that the Defendant is not likely to flee or pose a danger to any other
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AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO.