IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA,

v.

DIAMONDQUE SMITH (1),

Defendant.

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Case Number: 3:22-CR-00128-M(1)

ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE

UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY

After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent 

of the defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge, 

and no objections thereto having been filed within fourteen days of service in accordance with 28 U.S.C. § 636(b)(1), the 

undersigned District Judge is of the opinion that the Report and Recommendation of the Magistrate Judge concerning the 

Plea of Guilty is correct, and it is hereby accepted by the Court. Accordingly, the Court accepts the plea of guilty, and 

DIAMONDQUE SMITH (1) is hereby adjudged guilty of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) Possession of a Firearm 

by a Convicted Felon. Sentence will be imposed in accordance with the Court's scheduling order.

☒ The defendant is ordered to remain in custody.

☐ The Court adopts the findings of the United States Magistrate Judge 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).

☐ Upon motion, this matter shall be set for hearing before the United States Magistrate Judge who set the conditions 

of release for determination, by clear and convincing evidence, of whether the defendant is likely to flee or pose a 

danger to any other person or the community if released under § 3142(b) or (c).

☐ The defendant is ordered detained pursuant to 18 U.S.C. § 3143(a)(2). The defendant shall self-surrender to the 

United States Marshal no later than ___________________________.

☐ The defendant is not ordered detained pursuant to 18 U.S.C. § 3143(a)(2) because the Court finds

☐ There is a substantial likelihood that a motion for acquittal or new trial will be granted, or

☐ The Government has recommended that no sentence of imprisonment be imposed, and

☐ This matter shall be set for hearing before the United States Magistrate Judge who set the conditions of 

release for determination, by clear and convincing evidence, of whether the defendant is likely to flee or 

pose a danger to any other person or the community if released under § 3142(b) or (c).

☐ The defendant is not ordered detained pursuant to 18 U.S.C. § 3143(a)(2) pending a hearing before the United States 

Magistrate Judge who set the conditions of release for determination of whether it has been clearly shown that there 

are exceptional circumstances under § 3145(c) why the defendant should not be detained under § 3143(a)(2), and 

whether it has been shown 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 under § 3142(b) or (c), or the Magistrate Judge finds there is a 

substantial likelihood that a motion for acquittal or new trial will be granted, or that the Government has 

recommended that no sentence of imprisonment be imposed.

SO ORDERED.

August 15, 2022. BARBARA M. G. LYNN 

CHIEF UNITED STATES DISTRICT JUDGE

Case 3:22-cr-00128-M Document 23 Filed 08/15/22 Page 1 of 1 PageID 48