UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

LUBBOCKDIVISION

UNITED STATES OF AMERICA,

Plaintiff,

No. 5:22-CR-074-H(01)

JEFFERY JOHN OKEEFE,

Defendant.

ORDER ACCEPTING REPORT AND RECOMMEIIDATION AND ORDER

REFERRING TIIE ISSUE OF DETENTION TO TIIE

UMTED 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 Guitty of the

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

been flled within fourteen days of service in accordance with 28 U.S.C. 0 636OX1), the

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

the plea of guilty, and Okeefe is hereby adjudged guilty ofPossession with Intent to

Distribute Fentanyl, in violation of 21 U.S.C. gg 841(a)(1) and 841@)(1)(C). Sentence will

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

issue of mandatory detention pending sentencing to the Honorable Magistrate Judge

Bryant.

1. Backgronnil

The Indictment charges a violation of 21 U.S.C. gg 841(aX1) and 841(b)(1)(C), that is

Possession with Intent to Distribute Fentanyl. On December 14, 2022, Okeefe pled guilty to

Count Two of the Indictment. The Honorable Magistrate Judge Bryant recommended that

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

adjudged guilty of Possession with Intent to Disuibute Fentanyl.

2. Legal Stanrlard Governing Mandatory Detention

Tide 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. $ 3142(D(1)(A)-(C).

Section 3142(0(l)(C) requires detention for a defendant adjudged guilty of an offense for

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

Conuolled 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 title 46.

The offense here, a violation of 21 U.S.C. $$ 841(aX1) and 841(b)(1XC), carries a

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

mandatory detention under Section 3143(a)(2). See [Jnited 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 detention for defendants

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

,,(AXi) the judicial officer finds there is a substantial likelihood that a motion for acquittal or

new frial will be granted; or (ii) an attomey for the Government has Iecommended 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 petson or the communlty." Id Additionally, a person otherwise "subject to detention

under Section 3143(a)(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." 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 september 

CJ 

, 2021.

SLE HENDRIX

UNI D STATES DISTRICT JUDGE

J

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