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Notice — No. 3:22-cr-00423 (Dkt. 27, N.D. Tex.)

Summary

A Report and Recommendation Concerning Plea of Guilty, Document 27 filed October 26, 2023 in the Northern District of Texas, Dallas Division (Case 3:22-cr-00423-M), United States v. Monica Moreno. By consent, the defendant appeared before the judge who took the plea under United States v. Dees and Fed. R. Crim. P. 11 and entered a plea of guilty to Count 1 of the Indictment, charging carjacking and aiding and abetting under 18 U.S.C. §§ 2119(1) and 2. The judge found the plea knowing and voluntary and supported by an independent basis in fact, and recommends that it be accepted and she be adjudged guilty. The form's release and detention checkboxes follow, and a notice gives fourteen days to file written objections.

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Cite this document

“Notice — No. 3:22-cr-00423 (Dkt. 27, N.D. Tex.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/notice-no-3-22-cr-00423-dkt-27-n-d-tex-51de052eb2/, SHA-256 925335490e88046d9c7ee638d5dacd648fb53c70326535e2256a96d5185aede9.

Full text

       Case 3:22-cr-00423-M            Document 27 Filed 10/26/23   Page 1 of 1                      PageID 75
                                     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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