U.S. v. Ryan

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JOHN E. RYAN, Defendant

Court: United States District Court, D. Nebraska

Date published: Aug 30, 2005

Case No. 8:03CR7 (D. Neb. Aug. 30, 2005)

Opinion

Case No. 8:03CR7.

August 30, 2005

MEMORANDUM AND ORDER

LAURIE CAMP, District Judge

This matter is before the Court on the Report and Recommendation (Filing No. 57) issued by Magistrate Judge F.A. Gossett recommending that the Defendant's motion to dismiss for want of prosecution pursuant to Federal Rule of Criminal Procedure 48(b)(3) be granted (Filing No. 57). The Assistant United States Attorney has no objection to the Report and Recommendation. 28 U.S.C. § 636(b)(1)(C); NECrimR 57.3(a). (Filing No. 56.)

The motion is based on delays in conducting the Defendant's competency evaluation. The record shows that the Defendant is unlikely to become competent to stand trial.

Pursuant to 28 U.S.C. § 636(b)(1)(C) and NECrimR 57.3, the Court has conducted a de novo review of the record. Because Judge Gossett fully, carefully, and correctly applied the law to the facts, the Court adopts the Report and Recommendation in its entirety.

IT IS ORDERED:

1. The Magistrate Judge's Report and Recommendation (Filing No. 57) is adopted in its entirety;

2. The Defendant's motion to dismiss (Filing No. 55) is granted;

3. This case is dismissed with prejudice; and

4. A separate Judgment will issue.