IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA,

v.

TONY CAO,

Defendant.

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Case Number: 3:22-CR-00307-E(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 TONY CAO

is hereby adjudged guilty of Possession With Intent to Distribute a Controlled Substance, in violation of 21 USC § 

841(a)(1) and (b)(1)(C). 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) pending 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 not likely to flee 

or pose a danger to any other person or the community if released under § 3142(b) or (c). This matter shall be referred 

to the United States Magistrate Judge who set the conditions of release.

SO ORDERED on June 21, 2023.

ADA BROWN

UNITED STATES DISTRICT JUDGE

NORTHERN DISTRICT OF TEXAS

Case 3:22-cr-00307-E Document 34 Filed 06/21/23 Page 1 of 1 PageID 76