USA v. Julian-Encarnacion

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IN THE UNITED STATES DISTRICT COURT
Case 3:25-cr-00114-K FOBchHRENORTHABNAISEBECT QBEGEEXAS, — PagelD <pagelD>

DALLAS DIVISION

UNITED STATES OF AMERICA §
VS. § CASE NO.: 3:25-CR-114-K (01). Te
§ INOIWLNEIN ! ) VU h
AURELIO JULIAN-ENCARNACION § | — =
|
REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY ne |
CLERK, U.s. DibiitiCl COU!
AURELIO JULIAN-ENCARNACION, by consent, under authority of United S States v. Dees, 15.
F.3d 261 (Sth Cir. 1997), has appeared before me pursuant to Fed. R. Crim.P.-1, and-has-entered-a- plea-of-

guilty to the Count 1 of the 1-Count Indictment, filed on March 18, 2025. After cautioning and examining —
Defendant Aurelio Julian-Encarnacion 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 Defendant Aurelio Julian-Encarnacion, be
adjudged guilty of Illegal Reentry of After Removal from the United States, in violation of 8 USC §
1326(a) and (b)(1), and have sentence imposed accordingly. After being found guilty of the offense by the
district judge.

vA 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.

Oo The Government does not oppose release.

Oo The defendant has been compliant with the current conditions of release.

oO 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.

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.

Qo 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-poseapdanger to any other person or the
community if released. eS
Signed January 6", 2026. ZL

ZDAVID L. HORAN
UNITED STATES MAGISTRATE JUDGE

NOTICE

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

aormQhdts Seeice shall bar an aggrieved party from attacking such Report and Recommendation before the assigned United
us co es Judge. 28 U.S.C. §636(b)(1)(B).
GPO.

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