Opinion
Case No. 1:12-cr-361
01-03-2013
UNITED STATES OF AMERICA, Plaintiff, v. SCOTT L. NACE, Defendant.
Litkovitz, M.J.
ORDER
Defendant Scott L. Nace is charged by amended criminal complaint with the following offense: "Between May 22, 2012 and October 14, 2012, in the Southern District of Ohio, defendant SCOTT L. NACE, by means and use of an instrument of commerce, that is, the telephone, willfully threatened to destroy the John Weld Peck Federal Building, 550 Main Street, Cincinnati, Ohio, by means of explosives, in an telephone conversation with the office of the Federal Bureau of Investigation in Cincinnati, Ohio," in violation of 18 U.S.C. § 844(e). (Doc. 4).
On October 15, 2012, defendant Nace's counsel moved for a determination of his competency under 18 U.S.C. §§ 4241 and 4242 (Doc. 3), to which the government did not object. The Court thereafter ordered the defendant be committed to the Bureau of Prisons, pursuant to 18 U.S.C. § 4247(b), in order to determine whether the defendant currently is suffering from a mental disease or defect rendering him mentally incompetent to stand trial pursuant to 18 U.S.C. § 4241, and whether the defendant was insane at the time of the offense pursuant to 18 U.S.C. § 4242 and § 17. (Doc. 10). Consistent with that order, defendant Nace was transferred to the Metropolitan Correctional Center in Chicago, Illinois for evaluation pursuant to 18 U.S.C. § 4241(b).
On December 26, 2012, the Bureau of Prisons issued a Forensic Report that concluded, "Despite cognitive and emotional limitations, the defendant appears to possess a basic factual and rational understanding of his current legal circumstances. In addition, he also appears to possess the capacity to engage in cooperative interaction with counsel, although his previously discussed personality traits may interfere with this process at times." (Doc. 13 at 11). Pursuant to 18 U.S.C. § 4241(a), (d), a hearing to determine the defendant's mental competency was held on January 3, 2012. Defendant appeared at that hearing with his counsel. Defendant, through counsel, did not dispute the conclusions set forth in the Forensic Report.
Based on the Forensic Evaluation, there is no reason to believe that defendant may be incompetent to answer to the charge in this case. The Court finds by a preponderance of the evidence that defendant Scott L. Nace is competent to stand trial. 18 U.S.C. § 4241(d).
IT IS SO ORDERED.
______________________
Karen L. Litkovitz
United States Magistrate Judge