USA v. Garcia et al

OCR transcription for search; preserved printed pages are authoritative

Case 3:24-cr-00485-N Document 87 Filed 02/10/26 Pagelofi PagelD <pagelD>
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

UNITED STATES OF AMERICA

v. CASE NO.: 3:24-CR-00485-N

Gr Or Or 27 OP

JOSE ANGEL GARCIA (1)

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

JOSE ANGEL GARCIA (1), 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 4 of the Indictment.
After cautioning and examining JOSE ANGEL GARCIA (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 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 JOSE ANGEL GARCIA (1) be adjudged guilty of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B); 18
U.S.C. § 2,Possession with the intent to Distribute a Controlled Substance: Aiding and Aoeatmng anid have sentence imposed

va 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.

LC 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.

LJ 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).

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

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 convineing evidence
that the defendant is not likely to flee or pose a dange g i

Date: February 10, 20268. DISTRICT COURT
OiRTHERN DISTRICT OF TEXAS

FILED

FEB 10 208 NOTICE

Failure to file writterLobjadtB7rRIOTMORAMrt and Recommendation within fourteen (14) days from the date of its
service shall bar anaggrieved party from attacking such Report and Recommendation before the assigned United States

District Judge. 28 U.S.C. §636(DEDR) Kar

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO.