USA v. McClendon

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Case 3:24-cr-00356-L Document 39 _ Filed 03/31/26 Pageiofi PagelD <pagelD>

UNIT

Ve

SYLVESTER MCCLENDON

has appeared before me pursuant to Fed. R. Crim.P. 11,

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ED STATES OF AMERICA

CASE NO.: 3:24-CR-00356-L

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REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

SYLVESTER MCCLENDON, by consent, under authority of United States v. Dees, 125 F.3d 261 (Sth Cir. 1997),
and has entered a plea of guilty to Count(s) One of the Indictment.

After cautioning and examining SYLVESTER MCCLENDON under oath concerning each of the subjects mentioned in

Rule |
by ani
plea(s)

1, I determined that the guilty plea(s) was knowledgeable and voluntary and that the offense(s) charged is supported
ndependent basis in fact containing each of the essential elements of such offense. I therefore recommend that the
of guilty be accepted, and that SYLVESTER MCCLENDON be adjudged guilty of 21 U.S.C. § 841(a)(1) and

(b)(1)(C), namely, Possession With Intent to Distribute a Controlled Substance and have sentence imposed accordingly.
After be#tg found guilty of the offense by the district judge

V «. defendant is currently in custody and should be ordered to remain in custody.

J 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.

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

C] 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 convit evidence
that the defendant is not likely to flee or pose a danger to any other person or the commynity if r

US. DISTRICT COURT -

Date: |31st ORBAN biel On Ti

|
7 A a) | |
MAR 317026

Failure to file written objections to this Report and Recommendation within fourteen (14) days from the date of its service

shall bar an aggrieved pasty! front attacking such Report and Recommendation before the assigned United States District

Judge. 28 U.S.C. HOB6LDILY(B)— Ar

U.S. GOVERNMEN
INFORMATION

AUTHENTICATED
5. T
GPO.