IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA )

)

VS. ) CASE NO.: 3:16-CR-288-M (05)

)

JOSE FRANCISCO SITAL, )

Defendant. )

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 JOSE FRANCISCO SITAL is hereby adjudged guilty of Count 1 of the

Indictment, that is, Conspiracy to Commit Bank and Mail Fraud, a violation of 18 U.S.C. § 1349. Sentence will

be imposed in accordance with the Court's scheduling order.

: The defendant is ordered to remain in custody.

9 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).

G 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).

G 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 ____________________.

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

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

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

G This mattershall 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) .

 

G The defendant is not ordered detained pursuant to 18 U.S.C. § 3143(a)(2) because the defendant has filed

a motion alleging that there are exceptional circumstances under § 3145(c) why he/she should not be detained

under § 3143(a)(2). This matter shall be set for 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 likely to flee or pose a danger to

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

SIGNED this 7th day of August, 2017.

_________________________________

BARBARA M. G. LYNN

CHIEF JUDGE

Case 5:22-cr-00043-H-BQ Document 110 Filed 08/07/17 Page 1 of 1 PageID 104