Monica Moreno — Concerning Plea of Guilty, Case 3:22-cr-00423-M (Document 27)
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A Report and Recommendation Concerning Plea of Guilty in United States v. Monica Moreno, Case Number 3:22-CR-00423-M, Document 27, filed 10/26/23, in the U.S. District Court for the Northern District of Texas, Dallas Division. The magistrate judge states that Moreno appeared by consent under United States v. Dees, 125 F.3d 261 (5th Cir. 1997), and entered a plea of guilty to Count 1 of the Indictment under Rule 11. The report finds the plea knowing and voluntary and supported by an independent basis in fact, and recommends that it be accepted and sentence imposed. It sets out the custody options pending sentencing and gives fourteen (14) days to object.
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Case 3:22-cr-00423-M Document 27 Filed 10/26/23 Page 1 of 1 PageID <pageID>
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA, $
$
$ Case Number: 3 :22-CR-00423-M
$
MONTCA MORENO (1), $
$
Defendant. $
RIPORT AND RBCOMMENDATION
CONCERNING PLEA OF GUILTY
MONICA MORENO (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. ll, and has entered a plea of guilty to Count 1 of the Indictment. After
cautioning and examining MONICA MORENO (1) under oath conceming each of the subjects mentioned in Rule 11, I
deterrnined that the guilty plea was knowledgeable and voluntary and that the offense(s) charged is supported by an
independentbasisinfactcontainingeachoftheessentialelementsofsuchoffense. Ithereforerecommendthatthepleaof
guiltybeaccepted,andthatMONICA MORENO(1) beadjudgedguiltyof 18U.S.C.$$2119(1)and2CarJacking;
Aiding and Abefting and have sentence imposed accordingly. After being found guilty of the offense by the district judge,
f The defendant is cunently in custody and should be ordered to remain in custody.
/ The defendant must be ordered detained pursuant to l8 U.S.C, $ 31a3(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.
6/ The Government does not oppose release.
Z7 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).
n The Government opposes release.
n The defendant has not been compliant with the conditions of release.
tr If the Court accepts this recommendation, this matter should be set for hearing upon motion of the
Government.
tr The defendant must be ordered detained pursuant to 18 U.S.C. $ 3la3(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 g 3la5(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: October 26,2023.
UNITED STATES MAGI
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 purty from attacking such Report and Recommendation before the assigned United States
District Judge. 28 U.S.C. $636(bXl)(B).
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