Report and Recommendation Concerning Plea of Guilty — United States v. Annette Bryant (Dkt. 33)

Summary

A Report and Recommendation Concerning Plea of Guilty in United States of America v. Annette Bryant, Case 3:22-cr-00419-S, Document 33, filed 09/26/23, in the U.S. District Court for the Northern District of Texas, Dallas Division. The magistrate judge states that Annette Bryant, by consent, entered a plea of guilty to the Superseding Information filed on July 7, 2023, after being examined under oath. The report recommends that the plea be accepted and that the defendant be adjudged guilty of Conspiracy to Make a False Statement to a Bank, in violation of 18 U.S.C. § 371 [18 U.S.C. § 1014]. It includes detention and release options and a notice on filing written objections, and is dated September 26, 2023 over the signature block of Rebecca Rutherford, United States Magistrate Judge.

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Full text

                       IN THE UNITED STATES DISTRICT COURT
                       FOR THE
      Case 3:22-cr-00419-S     NORTHERN
                            Document     DISTRICT
                                     33 Filed        OF TEXAS
                                              09/26/23   Page 1 of 1                              PageID 91
                                 DALLAS DIVISION

UNITED STATES OF AMERICA                                  §
                                                          §
VS,                                                       §       CASE NO.: 3:22-CR-419-S (01)
                                                          §
ANNETTE BRYANT                                            §

                                     REPORT AND RECOMMENDATION
                                      CONCERNING PLEA OF GUILTY

        ANNETTE BRYANT, 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. 11, and has entered a plea of guilty to the 1-
Count Superseding Information, filed on July 7, 2023. After cautioning and examining Defendant
Annette Bryant 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 Annette Bryant, be adjudged guilty of Conspiracy to Make a
False Statement to a Bank, in violation of 18 U.S.C. § 371[18 U.S.C. § 1014], 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.

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

□       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.

        Signed September 26, 2023.                        ____________________________________
                                                          REBECCA RUTHERFORD
                                                          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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