Report and Recommendation, Plea of Guilty — United States v. Floyd Allen Hawkins (Dkt. 26, N.D. Tex.)

Summary

A Report and Recommendation Concerning Plea of Guilty, filed June 30, 2020 as Document 26 in United States of America v. Floyd Allen Hawkins (1), Case Number 3:19-CR-00547-E(1), in the U.S. District Court for the Northern District of Texas, Dallas Division. It states that Hawkins, by consent, appeared before a magistrate judge and entered a plea of guilty to the Indictment. The report states that the guilty plea was knowledgeable and voluntary and supported by an independent basis in fact, and recommends that the plea be accepted and that Hawkins be adjudged guilty of 18 U.S.C. § 2251(a) and (e) Production of Child Pornography. A notice states that failure to file written objections within fourteen (14) days bars an aggrieved party from attacking the report before the assigned District Judge.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

                                                                                                     U.S DIS-IRICT T]OLRT
                                                                                                \OR.T'{I]R\ 'DIS''RICT OF TEXAS
         Case 3:19-cr-00547-E          Document 26 Filed 06/30/20    Page 1 of 1 PageID   FILED    51
                                     IN THE T]NITED STATES DISTRICT COURT
                                     FOR THE NORTHERN DISTRICT OF TEXAS                  JUr{ 3 0 2020
                                                DALLAS DIVISION               ('I FR.K. I-S IfiSI.ITICT COLiRT

 UNITED STATES OF AMERICA,

 v.                                                                                Case Number: 3: l9-CR-00547-E(l)

 FLOYD ALLEN HAWKINS (l),

         Defendant.


                                         REPORT AI\D RECOMMENDATION
                                          CONCER}TING PLEA OF GUILTY

         FLOYD ALLEN HAWKINS (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. I l, and has entered a plea of guilty to Count(s) I ofthe Indictment
After cautioning and examining FLOYD ALLEN HAWKINS (1) under oath concerning each of the subjects mentioned in
Rule I l, I determined that the guilty plea was knowledgeable and voluntary and that the offense(s) 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 FLOYD ALLEN HAWKINS (l) be adjudged guilty of l8 U.S.C. g 2251 (a) and (e)
Production of Child Pornography and have sentence imposed accordingly. 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.


n       The defendant must be ordered detained pursuant to 18 U.S.C. $ 3la3(a)(l) 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.
        tr       The defendant has been compliant with the current conditions of release.
        D        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).

        D        The Government opposes release.
        n        The defendant has not been compliant with the conditions of release.
        n        If the Court accepts this recommendation, this matter should be set for hearing upon motion of the
                 Government.

u       The defendant must be ordered detained pursuant to l8 U.S.C. $ 3la3(a)(2) unless (l)(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 $ 3 145(c) why the defendant should not be detained, and (2) the Court        and convincing evidence
        that the defendant is not likely to flee or pose a d          other person or
                                                                            (
        Date: 30th day of June,2020.

                                                                        ATES

                                                          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 par$ from attacking such Report and Recommendation before the assigned United States
District Judge. 28 U.S.C. $636(bX1XB).


File and source

File

26.pdf

Size

92,290 bytes

SHA-256

ef35c511755a86dc2b31a6da02c8fced451f08e243b51b427eb416ae31b09e22

Our copy

26.pdf

Original

No public link identified.