Report and Recommendation Concerning Plea of Guilty — No. 3:23-cr-00381 (Dkt. 17, N.D. Tex.)

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A magistrate judge's report and recommendation concerning a plea of guilty, filed November 30, 2023 in United States v. Damon Heath Roberts, Case Number 3:23-CR-00381, in the U.S. District Court for the Northern District of Texas, Dallas Division. It states that Roberts consented to appear under Fed. R. Crim. P. 11 and entered a plea of guilty to a count of the Information, and finds the plea knowledgeable and voluntary and supported by an independent basis in fact. The report recommends that Roberts be adjudged guilty of 18 U.S.C.§ 371 (42 U.S.C. §1320a-7b(b)(2)), conspiracy to pay or offer to pay kickbacks for referrals to a federal healthcare program.

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Case 3:23-ct-00381-M Document17 Filed 11/30/23 Pagelof1 PagelID 52! 01 11 x4

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IN THE UNITED STATES DISTRICT COUR
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION }

CLERK, | HAF |
Case Number j3:23-CR-00384- MOU"
Deputy
: 3: 23~- CR-0038)
Defendant. §

UNITED STATES OF AMERICA,

COrn “Or LOr

V.

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DAMON HEATH ROBERTS (1),

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

DAMON HEATH ROBERTS (1), 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(s) | of the
Information. After cautioning and examining DAMON HEATH ROBERTS (1) under oath concerning each of the subjects
mentioned in Rule 11, | determined that the guilty plea was knowledgeable and voluntary and that the offense(s) charged ts
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 DAMON HEATH ROBERTS (1) be adjudged guilty of 18 U.S.C.§ 371 (42
U.S.C. §1320a-7b(b)(2))) Conspiracy to Pay or Offer to Pay Kickbacks for Referrals to a Federal Healthcare
Program and have sentence imposed accordingly. After being found guilty of the offense by the district judge,

O The defendant is currently in custody and should be ordered to remain in custody.

cm 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.

oe The Government does not oppose tpleas _

u/ The defendant has been corre ARO eect conditions of release.
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.

C) 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.

Date: November 30, 2023. a ‘

UNITED STATES MAGISTRATE JUDGE,

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).

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