T,NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

LUBBOCKDIVISION

UNITED STATES OF AMERICA,

Plainffi,

No. 5:22-CR-074-H(07)

LAURALOVATO,

Defendant.

ORDER ACCEPTING REPORT AND RECOMMENDATION AND ORDER

REFERRING TIIE ISSIJE OF DETENTION TO TIIE

UNITED STATES MAGISTRATE JUDGE

Before the Court are the Notice Regarding Entry of a Plea of Guilty, the Consent of

the Defendant, and the Report and Recommendation Conceming Plea of Guilty of the

United States Magistrate Judge. As no objections to the Report and Recommendation have

been filed within fourteen days of service in accordance with 28 U.S.C. g 636OX1), the

Court accepts and adopts the Report and Recommendation. Accordingly, the Court accepts

the plea of guilty, and Lovato is hereby adjudged guilty of Distribution and Possession with

Intent to Distribute Fentanyl, in violation of 21 U.S.C. $0 8a1(aXl) and 8a1@)(1)(C).

Sentence will be imposed in accordance with the Court's scheduling order. The Court now

refers the issue of mandatory detention pending sentencing to the Honorable Magistrate

Judge Bryant.

1. Background

The Indictment charges a violation of 21 U.S.C. $$ 8a1(a)(l) and 841(bX1XC), that is

Distribution and Possession with Intent to Distribute Fentanyl. On January 3,2023,Lovato

pled guilty to Count Five of the Indictment. The Honorable Magisuate Judge Bryant

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recommended that the plea be accepted. Having accepted that recommendation, Lovato

has now been adjudged guilty of Distribution and possession with Intent to Distribute

Fentanyl.

2. Legal Standard Governing Manilatory Detention

Title 18 United States Code, Section 3la3@)e) mandates derenrion after a guilty

plea if the offense of conviction is among those listed in 18 U.S.C. $ 3142(0(l)(A)-(C).

Section 3142(f)(1)(C) requires derention for a defendant adjudged guilty ofan offense for

which a maximum term of imprisonment of ten years or more is prescribed in the

Controlled Substances Act (21 U.S.C. g 801, et seq.), the Controlled Subsrances Imporr and

Export Act (21 U.S.C. $ 951, et seq.), or chapter 705 of ritle 46.

The offense here, a violation of 21 U.S.C. gg 8a1(a)(1) and 8a1@)(1)(C), carries a

maximum term of imprisonment of 20 years and is an offense that subjects the defendant to

mandatory detention under Section 3Ia3@)(2). See United States t. Wight,2018 U.S. Dist.

LEXIS 66142, at *6 (N.D. Tex. Apr. 19,2018).

Section 3143(a)(2) details two exceptions to mandatory detention for defendants

awaiting imposition or execution of a sentence. The defendant must be detained unless

"(A)(i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or

new trial will be granted; or (ii) an attomey for the Govemment has recommended that no

sentence of imprisonment be imposed on the person; and @) the judicial officer finds by

clear and convincing evidence that the person is not likely to flee or pose a danger to any

other person or the community." Id. Additionally, a person otherw.ise "subject to detention

under Section 3la3@)(2), and who meets the conditions ofrelease set forth in Section

3143(a)(1) or (b)(l), may be ordered released, under appropriate conditions, by the judicial

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officer, if it is clearly shown that there are exceptional reasons why such person's detention

would not be appropriate." 18 U.S.C. $ 3145(c).

The Court thus refers this matter to the Honorable Magistrate Judge Bryant to

determine whether Section $ 3143(a)(2)'s or Section 3145(c)'s exceptions are satisfied.

3. Conclusion

The issue of mandatory detention for this offense is referred to Magistrate Judge

Bryant for resolution.

So ordered on Jarrrtary 71,2923.

JAME

STATES DISTRICT JUDGE

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