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Home Source documents Report and Recommendation Concerning Plea of Guilty — United States v. Shantelle Hawkins, No. 3:23-CR-00176-E(1) (Dkt. 56, N.D. Tex.)

Report and Recommendation Concerning Plea of Guilty — United States v. Shantelle Hawkins, No. 3:23-CR-00176-E(1) (Dkt. 56, N.D. Tex.)

Summary

Dkt. 56 in United States v. Shantelle Hawkins, Case Number 3:23-CR-00176-E(1) in the U.S. District Court for the Northern District of Texas, Dallas Division, is a Report and Recommendation Concerning Plea of Guilty dated October 8, 2024 over the name of U.S. Magistrate Judge Rebecca Rutherford. It states that Shantelle Hawkins appeared by consent under Fed. R. Crim. P. 11 and entered a plea of guilty to Count One of the Indictment filed on April 25, 2023. The magistrate judge found the plea knowledgeable and voluntary and supported by an independent basis in fact, and recommends that the plea be accepted and that Hawkins be adjudged guilty of Conspiracy to Commit Wire Fraud under 18 U.S.C. § 1349 and sentenced accordingly. Objections are due within fourteen (14) days of service.

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Full text

                                                                                                                FILED
         Case 3:23-cr-00176-EIN THE      56STATES
                                    UNITED
                                Document      FiledDISTRICT
                                                    10/08/24 COURT
                                                               Page 1 of 1                           PageIDOctober
                                                                                                            141 8, 2024
                                   FOR THE NORTHERN DISTRICT OF TEXAS
                                                                                                            KAREN MITCHELL
                                             DALLAS DIVISION
                                                                                                          CLERK, U.S. DISTRICT
                                                                                                                COURT
UNITED STATES OF AMERICA,                                    §
                                                             §
v.                                                           §                 Case Number: 3:23-CR-00176-E(1)
                                                             §
SHANTELLE HAWKINS,                                           §
                                                             §
         Defendant.                                          §

                                        REPORT AND RECOMMENDATION
                                         CONCERNING PLEA OF GUILTY

        SHANTELLE HAWKINS, 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 Count One of the Indictment,
filed on April 25, 2023. After cautioning and examining SHANTELLE HAWKINS 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(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 SHANTELLE HAWKINS be adjudged guilty of Conspiracy to
Commit Wire Fraud, in Violation of 18 U.S.C. § 1349 (18 U.S.C. § 1343). 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.

        Date: October 8, 2024.
                                                          ______________________________________
                                                          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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