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Report and Recommendation on Plea of Guilty — U.S. v. Bhavesh Patel, No. 3:23-cr-00252 (N.D. Tex.)

Summary

A Report and Recommendation Concerning Plea of Guilty in United States of America VS. Bhavesh Patel, Case No. 3:23-CR-252-K (07), in the Northern District of Texas, Dallas Division. Bhavesh Patel, by consent, appeared before the magistrate judge under Fed. R. Crim.P. 11 and entered a plea of guilty to Count 1 of the Indictment, filed on June 21, 2023. The magistrate judge determined that the plea was knowledgeable and voluntary and supported by an independent basis in fact, and recommends that the plea be accepted and that Patel be adjudged guilty of Conspiracy to Commit Bank Fraud, in violation of 18 USC § 1349 [18 USC § 1344(a)(2)]. The form includes release and detention provisions and a notice of fourteen (14) days to file written objections.

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“Report and Recommendation on Plea of Guilty — U.S. v. Bhavesh Patel, No. 3:23-cr-00252 (N.D. Tex.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-23-cr-00252-dkt-207-n-d-tex-0a6c8aacb2/, SHA-256 d96d0930430d29332ea3ef8792e1592a045cb922aa3c6de7e61ed7bb1d184ee2.

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IN THE UNITED STATES DISTRICT COURT

Case 3:23-cr-00252-KORDGthAOPRIGERKIRSTRIOROF ThageS. of 1 PagelD 542
DALLAS DIVISION

UNITED STATES OF AMERICA
VS.

BHAVESH PATEL

CASE NO.: 3:23-CR-252-K (07)

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

BHAVESH PATEL, 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 the Count
1 of the 16-Count Indictment, filed on June 21, 2023. After cautioning and examining Defendant
Bhavesh Patel, 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 Bhavesh Patel, under oath concerning each of the subjects
mentioned in Rule 11, I determined that the guilty plea was, be adjudged guilty of Conspiracy to Commit
Bank Fraud, in violation of 18 USC § 1349[18 USC § 1344(a)(2)], and have sentence imposed
accordingly. After being found guilty of the offense by the district judge.

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

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.

* The Government does not oppose release.
>-4 The defendant has been compliant with the current conditions of release.
> 4 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).

Oo The Government opposes release.
Oo The defendant has not been compliant with the conditions of release.
Oo 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 pose a danger to any other person or the

community if released.

U.S. DI RI COL 2 4.
NORTHERN DISTRICT OF TEXAS

B McKAY
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

a ey g §636(b)(1)(B)

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