Report and Recommendation Concerning Plea of Guilty — U.S. v. Festus Adenisimi, No. 3:24-cr-00210 (N.D. Tex.)

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A Report and Recommendation Concerning Plea of Guilty for Festus Adenisimi (1), Dallas Division, Northern District of Texas, dated September 24, 2024; the route and title identify the case as No. 3:24-cr-00210, Dkt. 14. It states that Adenisimi, by consent, appeared and entered a plea of guilty to Count 1 of the Information, and that the guilty plea was knowledgeable and voluntary and supported by an independent basis in fact. It recommends that the plea be accepted and that Adenisimi be adjudged guilty of 18 U.S.C. § 371 Conspiracy to Defraud the United States. A notice states that failure to file written objections within fourteen (14) days of service bars an aggrieved party from attacking the report before the assigned United States District Judge.

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IN THE UNITED STATES DISTRICT COURT — Qogqyjpen DistRiCT OF TEXAS

FOR THE NORTHERN DISTRICT OF TEXAS FILED
DALLAS DIVISION —_ ae

UNITED STATES OF AMERICA,

| SEP <4 02d

Cas¢ Number: 3:24-CR-00240-M—

CLERK, U.S. DISTR em
\

FESTUS ADENISIMI (1), By.

Deputy

Defendant.

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

FESTUS ADENISIMI (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 1 of the Information.
After cautioning and examining FESTUS ADENISIMI (1) under oath concerning each of the subjects mentioned in Rule
11, 1 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 FESTUS ADENISIMI (1) be adjudged guilty of 18 U.S.C. § 371 Conspiracy to Defraud the
United States and have sentence imposed accordingly. After being found guilty of the offense by the district judge,

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

wy 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 ts not likely to flee or pose a danger to any other person or the community
if released.

raf The Government does not oppose release.
O The defendant has been compliant with the current 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).

The Government opposes release.
The defendant has not been compliant with the conditions of release.

OOO

If the Court accepts this recommendation, this matter should be set for hearing upon motion of the
Government.

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 convincing evidence
that the defendant is not likely to flee or pose a danger to any other person or the community if released.

Date: September 24, 2024. tov

UN ne “ATES 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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