USA v. Rodriguez

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
UNITED STATES OF AMERICA,
Plaintitr,
No. 5:25-CR-l l5-H-01
PETE RYAN RODRIGUEZ,
Defendant.
ORDER ACCEPTING REPORT AND RECOMMENDATIONAND
REFERRING T}IE ISSUE OF DETENTION TO TIIE
A MAGISTRA
Before the Court are the Amended Norice Regarding Entry of a Plea of Guilty, the
Consent of the Defendant, and the Report and Recommendation on Plea of Guilty before
United States Magistrate Judge. Dkt. Nos. 43 and 46. As no objections to the Report and
Recommendation have been filed within fourteen days of service in accordance with 28
U.S.C. S 636(bxl), the Court accepts and adopts the Repon and Recommendation.
Accordingly, the Court accepts the plea ofguilty, and Rodriguez is hereby adjudged guilty
of Transportation of Child Pomography in violation of 18 U.S.C. 0$ 2252A(a)(l) and (b).
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 Burch.
l. Background
The Superseding Information charges a violation of l8 U.S.C. $0 2252A(aXl) and
(b), that is Transportation of Child Pomography. On December 17 , 2025, Rodriguez pled
guilty to the charge. The Honorable Magistrate Judge Burch recommended that the plea be
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accepted. Having accepted that recommendation, Rodriguez has now been adjudged guilty
of Transportation of Child Pomography.
2. Legal Standard Governing Mandatory Detention
Title 18 United States Code, Section 3la3@)(2) mandates detention after a guilty
plea if the offense of conviction is among those listed in l8 U.S.C. 0 3142(D(lXA)-(C).
Section 3142(f)(l)(A) details three categories of crime-a crime of violence, a violation of
Section 1591, or an offense listed in Section 2332b(g)(5)(B). Here, Transportation of Child
Pomography is a crime of violence. A crime of violence is defined, among other things, as a
felony under Chapters 77, 109A, 110, or I l7 of Title 18. 18 U.S.C. $ 3156(aXa). Chapter
I l0 includes the statute of conviction at issue in this case-l8 U.S.C. $0 22524(a)(l) ail
2252Ab). Thus, transportation of child pomography is a crime of violence within the
meaning of 18 U.S.C. $ 3142(0(1)(A).
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
"(A)(i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or
new trial 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 person is not likely to flee or pose a danger to any
other person or the community." Id. Additionally, a person otherwise "subject to detention
under Section 3la3@)(2), and who meets the conditions ofrelease set forth in Section
3143(a)(l) or (b)(l), may be ordered released, under appropriate conditions, by the judicial
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).
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The Court thus refers this matter to the Honorable Magistrate Judge Burch 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
Burch for resolution.
So ordered on January I ,2026
JAMLS SLEY HENDRIX
UN STATES DISTRICT JUDGE
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