Opinion
No. 1:05-CR-150.
June 9, 2006
ORDER
Defendant Frank Smith ("Defendant") requested a psychological evaluation on January 24, 2006 (Court File No. 13). The request was referred to United States Magistrate Judge William B. Mitchell Carter to conduct an evidentiary hearing and make a report and recommendation ("RR") pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). Magistrate Judge Carter received a May 15, 2006 letter from Stephen M. Dewalt, Warden of the Federal Bureau of Prisons, Federal Medical Center in Lexington, Kentucky, and a Forensic Evaluation of Defendant. The findings in the evaluation are Defendant is competent to stand trial and was sane at the time of the alleged offense.
Defendant filed a Waiver of Competency Hearing pursuant to 18 U.S.C. § 4247(d) on May 17, 2006 (Court File No. 30). On the basis of the waiver and the evaluation, Magistrate Judge Carter filed a report and recommendation ("RR") recommending the Court find Defendant competent to stand trial (Court File No. 31). Defendant has filed no objections to the magistrate judge's RR.
Therefore, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Court File No. 31) pursuant to 28 U.S.C. § 636(b)(1)(C), and hereby ORDERS the following:
(1) The defendant is competent to stand trial.
SO ORDERED.