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IN THE UNITED STATES DISTRICT COURT , ·• ""'-: . .:.-. 

FOR THE NORTHERN DISTRICT OF TEXAS 2023 Jr1N -3 PH· 3: 43 LUBBOCK DIVISION 

UNITED STATES OF AMERICA § 

§ 

§ 

§ 

§ 

V. CASE NO. 5:22-CR-074-H-BQ-7 

LAURA LOVATO 

REPORT AND RECOMMENDATION ON PLEA 

BEFORE THE UNITED STATES MAGISTRATE JUDGE 

This case has been referred by the United States district judge to the undersigned 

for the taking of a guilty plea. The parties have consented to appear before a United States 

magistrate judge for these purposes. This Report and Recommendation on Plea is 

submitted to the court under 28 U.S.C. § 636(b)(3). 

A. Recommendation regarding Guilty Plea 

Defendant appeared with counsel before the undersigned United States magistrate 

judge, who addressed Defendant personally in open court and informed Defendant of, and 

determined that Defendant understood, the admonitions contained in Rule 11 of the 

Federal Rules of Criminal Procedure. 

Defendant pleaded guilty (under a written plea bargain agreement with the 

government) to Count Five of the Indictment charging Defendant with a violation of 

21 U.S.C. §§ 841(a)(l) and 84J(b)(l)(C), that is, Distribution and Possession with Intent 

to Distribute Fentanyl. After examining Defendant under oath the undersigned magistrate 

judge finds the following: 

1. Defendant, upon advice of counsel, has consented orally and in 

Case 5:22-cr-00074-H-BQ Document 202 Filed 01/03/23 Page 1 of 4 PageID 399
writing to enter this guilty plea before a magistrate judge subject to 

final approval and sentencing by the presiding district judge; 

2. Defendant fully understands the nature of the charges (including each 

essential element of the offense(s) charged and penalties); 

3. Defendant fully understands the terms of the plea agreement and plea 

agreement supplement; 

4. Defendant understands all constitutional and statutory rights and 

wishes to waive these rights, including the right to a trial by jury and 

the right to appear before a United States district judge; 

5. Defendant's plea is made freely and voluntarily; 

6. Defendant is competent to enter this plea of guilty; 

7. There is a factual basis for this plea; and 

8. The ends of justice are served by acceptance of Defendant's plea of guilty. 

Based on the above, I recommend that Defendant's plea of guilty be accepted, that 

Defendant be adjudged guilty, and that sentence be imposed accordingly. 

B. Recommendation regarding 18 U.S.C. § 3143(a)(2) - Release or 

detention of a defendant pending sentence. 

Upon defendant's initial appearance, the Government filed a motion to detain; 

however, after reviewing the Pretrial Services Report (Bond Report) at the arraignment 

and scheduled detention hearing, the Government withdrew its motion, thus requiring the 

court to determine what bond and/or other conditions of release would reasonably assure 

defendant's appearance as required and the safety ofthe community. See, e.g., 18 U.S.C. 

§ 3142 (a), (b), (c)(l)(B). As a result, the undersigned set bond and conditions after 

reviewing the Pretrial Services Report (Bond Report) prepared by the U.S. Probation 

Officer assigned to this case, which stated that imposition of certain conditions would 

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Case 5:22-cr-00074-H-BQ Document 202 Filed 01/03/23 Page 2 of 4 PageID 400
reasonably assure defendant's appearance and the safety of the community. 

The undersigned also notes, however, the Probation Officer reports that, upon 

being found guilty, defendant may be subject to mandatory detention pending sentencing 

pursuant to 18 U.S.C. § 3142(f)(l)(C). Specifically, the offense to which defendant is 

pleading guilty, Distribution and Possession with Intent to Distribute Fentanyl, involves 

a maximum term ofimprisonment of twenty years or more as prescribed by the Controlled 

Substances Act (21 U.S.C. § 801 et seq.), the Controlled Substances Import and Export 

Act (21 U.S.C. § 921 et seq.), or Chapter 705 of Title 46. According to the plea 

agreement executed by defendant, the court can impose a maximum term of imprisonment 

of not more than twenty (20) years. 

Defendant must be ordered detained pursuant to 18 U.S.C. § 3143(a)(2) unless: 

(l)(a) the court finds there is a substantial likelihood that a motion for acquittal or new trial 

will be granted, or (b) the Government has recommended that no sentence of imprisonment 

be imposed, or (c) exceptional circumstances are clearly shown under § 3145(c) why the 

defendant should not be detained; and (2) the court finds by clear and convincing evidence 

that defendant is not likely to flee or pose a danger to any other person or the community 

if released. See United States v. Carr, 947 F.2d 1239 (5th Cir. 1991). As a result, if the 

court accepts this Report and Recommendation on Plea, and adjudges defendant guilty, it 

is the further recommendation of the undersigned that defendant be detained pending 

imposition or execution of sentence, pursuant to 18 U.S.C. §3143(a)(2), absent defendant 

establishing either of the foregoing exceptions. 

Although I have conducted these proceedings and accepted the defendant's plea of 

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guilty, the United States district judge has the power to review my actions and possesses 

final decision-making authority in this proceeding. Thus, if defendant has any objections 

to these findings or any other action of the undersigned, defendant is required to make those 

known to the United States district judge within fourteen ( 14) days of today. 

Signed on January 3, 2023. 

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