UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

ABILENE DIVISION

UNITED STATES OF AMERICA,

Plaintifl,

MONICA MICHELLE MACCARDLE,

Defendant.

No. 1:22-CR-O52-H(01)

ORDER ACCEPTING REPORT AI\D RECOMMENDATION AND ORDER

REFERRING THE ISSUE OF DETENTION TO TIIE

UMTED STATES GISTRATE 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. $ 636O)(l), the

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

the plea of guilty, and MacCardle is hereby adjudged guilty of Possession with Intent to

Distribute Cocaine in violation of 21 U.S.C. $$ 8a1(aXl) and 841(b)(l)(C). Sentence will be

imposed in accordance with the Court's scheduling order. The Court now refers *te issue of

mandatory detention pending sentencing to the Honorable Magisuate Judge Parker.

l. Background

The Superseding Information charges a violation of 21 U.S.C. $$ 841(a)(1) and

841O)(IXC), that is Possession with Intent to Distribute Cocaine. On May 11,2023'

MacCardle pled guilry to Count One of the Superseding Inflormation. The Honorable

Magistrate Judge Parker recommended that the plea be accepted. Having accepted that

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recommendation, MacCardle has now been adjudged guilty of possession with Intent to

Distribute Cocaine.

2. Legal Standard Governing Mandatory Detention

Title 18 United States Code, Section 3la3@)(2) mandates detention after a guilty

plea if the offense of conviction is among those listed in 18 U.S.C. g 3142(0(1XA)-(C).

Section 3142(f)(1)(C) requires detention for a defendant adjudged guilry 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. $ 801, et seq.), the Controlled Substances Import and

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

The offense here, a violation of21 U.S.C. 0$ 8al(a)(l) and 841(b)(l)(C), carries a

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

mandatory detention under Section 31a3@)Q). See United States v. Wright,2018 U.S. Dist.

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

Section 3143(a)(2) details two exceptions to mandatory detenfion 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 uial will be granted; or (ii) an attomey for the Govemment has recommended that no

sentence of imprisonment be imposed on the person; and (B) 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 otherwise "subject to detention

under Section 31a3@)(2), and who meets the conditions ofrelease set forth in Section

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

2

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

would not be appropriate. " l8 U.S.C. g 3145(c).

The Court thus refers this matter to the Honorable Magisffate Judge Parker 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

Parker for resolution.

So ordered on June ,2023.

JAMES SLE HENDRIX

STATES DISTRICT JIJDGE

)

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