Report and Recommendation on Plea — United States v. Daniel Anthony Moreno (N.D. Tex.)

Summary

A Report and Recommendation on Plea Before the United States Magistrate Judge, Document 26, filed 09/11/23, Case 5:23-cr-00060-H-BQ, United States of America v. Daniel Anthony Moreno, Northern District of Texas, Lubbock Division. The report states that the defendant appeared with counsel and pleaded guilty, under a written plea bargain agreement with the government, to Count One of the Indictment, described as Convicted Felon in Possession of a Firearm. The magistrate judge finds that the plea is made freely and voluntarily, and that the defendant is competent to enter the plea. It recommends that the plea of guilty be accepted, that the defendant be adjudged guilty, and that sentence be imposed accordingly; it is dated September 11, 2023.

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Case 5:23-cr-00060-H-BQ        Document 26       Filed 09/11/23   Page 1 of 2     PageID 52

                    IN THE UNITED STATES DISTRICT COURT                         SEP 112023 F'M~l:49
                    FOR THE NORTHERN DISTRICT OF TEXAS                      FILED - USDC -
                              LUBBOCK DIVISION

UNITED STATES OF AMERICA                     §
                                                                                   ~1/
                                             §
                                             §
V.                                           §        CASE NO. 5:23-CR-060-H-BQ-1
                                             §
                                             §
DANIEL ANTHONY MORENO                        §

                  REPORT AND RECOMMENDATION ON PLEA
               BEFORE THE UNITED STATES MAGISTRATE JUDGE

       This case has been referred by the United States district judge to the undersigned

for the taking of a guilty plea. The parties have consented to appear before a United States

magistrate judge for these purposes. This Report and Recommendation on Plea is submitted

to the court under 28 U.S.C. § 636(b)(3).

       The defendant appeared with counsel before the undersigned United States

magistrate judge, who addressed the defendant personally in open court and informed the

defendant of, and determined that the defendant understood, the admonitions contained in

Rule 11 of the Federal Rules of Criminal Procedure.

       The defendant pleaded guilty (under a written plea bargain agreement with the

government) to Count One of the Indictment, charging defendant with a violation of

18 US. C. §§ 922(g)(J) and 924(a)(8), that is, Convicted Felon in Possession ofa Firearm.

After examining Defendant under oath the undersigned magistrate judge finds the

following:

       1.    Defendant, upon advice of counsel, has consented orally and in writing
             to enter this guilty plea before a magistrate judge, subject to final
             approval and sentencing by the presiding district judge;
Case 5:23-cr-00060-H-BQ       Document 26       Filed 09/11/23     Page 2 of 2    PageID 53

      2.   Defendant fully understands the nature of the charges (including each
           essential element of the offense(s) charged) and penalties;

      3.   Defendant fully understands the terms of the plea agreement and plea
           agreement supplement;

      4.   Defendant understands all constitutional and statutory rights and wishes
           to waive these rights, including the right to a trial by jury and the right
           to appear before a United States district judge;

      5.   Defendant's plea is made freely and voluntarily;

      6.   Defendant is competent to enter this plea of guilty;

      7.   There is a factual basis for this plea; and

      8.   The ends of justice are served by acceptance of the defendant's plea of
           guilty.

      Although I have conducted these proceedings and recommend acceptance of

Defendant's plea of guilty, the United States district judge has the power to review my

actions and possesses final decision-making authority in this proceeding. Thus, if

Defendant has any objections to these findings or any other action of the undersigned, he

is required to make those known to the United States district judge within fourteen ( 14)

days oftoday.

      Based on the above, I recommend that Defendant's plea of guilty be accepted, that

Defendant be adjudged guilty, and that sentence be imposed accordingly.

       Signed September 11, 2023.




                                                                           'JR.
                                                                        ISTRATEJUDGE


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