IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

ABILENE DIVISION

UNITED STATES OF AMERICA §

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v. § CASE NO. 1:22-CR-00024-H-BU

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BRACK EARL DANIELS (1) §

REPORT AND RECOMMENDATION ON PLEA OF GUILTY 

BEFORE UNITED STATES MAGISTRATE JUDGE 

 Defendant, BRACK EARL DANIELS (1), by consent and under the authority of 

United States v. Dees, 125 F.3d 261 (5th Cir. 1997), appeared with counsel before the 

undersigned United States magistrate judge for the purpose of entering a plea of guilty

under Rule 11 of the Federal Rules of Criminal Procedure. 

1. Recommendation regarding plea of guilty 

 Defendant was placed under oath and personally examined in open court by the 

undersigned concerning the subjects in Rule 11(b)(1) and the undersigned determined that 

Defendant understood each subject. 

Defendant pleaded guilty, under a plea bargain agreement with the government, to 

Count One of the one-count Indictment charging Defendant with a violation of 18 U.S.C. 

§§ 922(g)(1) and 924(a)(2) Convicted Felon in Possession of a Firearm and Ammunition. 

After examining Defendant under oath, the undersigned magistrate judge finds the 

following: 

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1. Defendant, upon advice of counsel, has consented orally and in writing to enter 

this guilty plea before a magistrate judge subject to final approval and sentencing 

by the presiding district judge; 

2. Defendant fully understands the nature of the charges, including each essential 

element of the offense(s) charged, and the associated penalties; 

3. Defendant fully understands the terms of the plea agreement and plea agreement 

supplement; 

4. Defendant understands all constitutional and statutory rights and wishes to waive 

those rights, including the right to a trial by jury and the right to appear before a 

United States district judge; 

5. Defendant’s plea is made freely and voluntarily; 

 

6. Defendant is competent to enter this plea of guilty; 

7. There is a factual basis for Defendant’s plea of guilty; and 

8. The ends of justice are served by acceptance of Defendant’s plea of guilty.

Based on the above, I recommend that Defendant’s plea of guilty be accepted, that 

Defendant be adjudged guilty, and that sentence be imposed accordingly. 

2. Rule 11(c)(1)(C) agreement 

The undersigned notes that the plea agreement contains a Rule 11(c)(1)(C) 

agreement stipulating that a specific sentence of “time served” is the appropriate 

disposition of this case. See Fed. R. Crim. P. 11(c)(1)(C). The undersigned specifically 

examined Defendant concerning the Rule 11(c)(1)(C) agreement and Defendant 

understands the district judge is not bound by this agreement. Defendant also understands 

that if the district judge chooses not to follow the agreement, Defendant will be provided 

the opportunity to withdraw his plea of guilty. But if Defendant chooses not to withdraw

his plea of guilty under those circumstances, Defendant understands that the district judge 

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may impose a more severe sentence without being bound by the terms of the Rule 

11(c)(1)(C) agreement. 

3. Waiver of 14-day objection period and recommendation 

Although I have conducted these proceedings and accepted Defendant’s plea of 

guilty, the United States district judge has the power to review my actions and possesses 

final decision-making authority in this proceeding. Defendant was advised that he may file 

specific written objections to this Report and Recommendation within fourteen (14) days 

of today. See FED. R. CR. P. 59(b). But here, Defendant has filed a written waiver of the 

14-day objection period and consents to the district judge immediately accepting the 

recommendations herein. Dkt. No. 103. The undersigned specifically examined 

Defendant during his rearraignment to determine whether this waiver was knowing and 

voluntary and, based on that examination, finds that it was. The undersigned further finds 

that this waiver was made with the advice of counsel. Thus, the undersigned further 

recommends that the district judge accept Defendant’s waiver of the 14-day objection 

period. 

4. Recommendation regarding expedited Presentence Report 

Because the plea agreement contains a Rule 11(c)(1)(C), if the court accepts this 

Recommendation on Plea of Guilty, and adjudges Defendant guilty, it is the further 

recommendation of the undersigned that the district judge reserve judgment on accepting 

the plea agreement until after the Presentence Report is completed and the sentencing 

hearing is conducted. But because the parties stipulate that the appropriate sentence in this 

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case is one of “time served,” the undersigned further recommends that the district judge 

order an expedited preparation of the Presentence Report. 

 The Clerk will furnish a copy of this Order to each of attorney of record. 

 Signed on: 1st day of June, 2023. 

 _____________________________________ 

 JOHN R. PARKER 

 UNITED STATES MAGISTRATE JUDGE 

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