IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

UNITED STATES OF AMERICA § 

 § 

v. § CASE NO.: 3:22-CR-00306-N 

 § 

ELMER ALEXIS MONTANO FUENTES (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 

ELMER ALEXIS MONTANO FUENTES (1) is hereby adjudged guilty of 18 U.S.C. §§ 922(g)(5)(A) and 924(a)(2) Illegal 

Alien in Possession of a Firearm. 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) 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 12th day of December, 2022. 

 ________________________________________ 

 DAVID C. GODBEY 

 CHIEF UNITED STATES DISTRICT JUDGE 

Case 3:22-cr-00306-N Document 25 Filed 12/12/22 Page 1 of 1 PageID 43