I.INITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

LUBBOCK DIVISION

UNITED STATES OF AMERICA,

P1aintiff,

No. 5:22-CR-083-H(03)

ANTONIO VARGAS RODRIGUEZ,

Defendant.

ORDER ACCEPTING REPORT AND RECOMMENDATION AND ORDER

REFERRING TIIE ISSUE 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. $ 636(b)(1), the

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

the plea of guilty, and Antonio Vargas Rodriguez is hereby adjudged guilry of Distribution

and Possession with Intent to Distribute Heroin in violation of 21 U'S.C. $0 841(a)(1)'

841(bX1)(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.

l. Background

The Indictment charges a violation of 21 U.S.C. 0$ 841(aXl), 841(b)(1)(C), that is

Disfiibution and Possession with Intent to Distribute Heroin. On December 28,2022,

Rodriguez pled guilty to the charge. The Honorable Magistrate Judge Bryant recommended

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that the plea be accepted. Having accepted that recommendation, Rodriguez has now been

adjudged guilty of Distribution and Possession with Intent to Distribute Heroin.

2. Legal Standard Governing Mandatory Detention

Title 18 United States Code, Section 3143(a)(2) mandates detention after a guilty

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

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

The offense here, a violation of 21 U.S.C. 00 841(aX1), 841OX1XC), carries a

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

mandatory detention under Section na3@)(2). See United States v Wright,2018 U.S. DistLEXIS 66142, at *6 (N.D. Tex. Apr. 19, 20i8).

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

awaiting imposition or execution ofa sentence. The defendant mustbe detained unless

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

new fiial 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 percon is not likely to flee or pose a danger to any

othel person or the community." Id Additionally, a person otherwise "subject to detention

under Section 3143(a)(2), and who meets the conditions ofrelease set folth in Section

3143(aX1) or (b)(1), 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. 0 3145(c).

The Court thus refers this matter to the Honorable Magisuate 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 January i7 ,zozl.

WESLEY HENDRIX

STATES DISTRICT JUDGE

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