USA v. Guerra et al

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Case 3:24-cr-00344 Document 339 _ Filed 03/26/26 Pagelofi1 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-0344-S
LEE MOORE (9) :

REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY

LEE MOORE 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 1s of the Superseding Information
filed February 23, 2026. After cautioning and examining LEE MOORE Sunder 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 LEE MOORE be adjudged guilty of Misprision of a Felony, in violation of
18 U.S.C. § 4, and have sentence imposed accordingly.

O 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.

The Government does not oppose release.
The Defendant has been compliant with the current conditions of release.

4 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 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
that the Defendant is not likely to flee or pose a danger to any other person or the community if released.

SIGNED March 26, 2026. Q

UNITED S¥ATES MAGISTRATE JUDGE
REBECCA RUTHERFORD

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.