Opinion
CASE NO. 14-20859-CR-MORENO
09-27-2017
UNITED STATES OF AMERICA, Plaintiff, v. ALBERTO CRUZ, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND COMMITTING DEFENDANT TO A PSYCHIATRIC HOSPITAL
THIS MATTER was referred to United States Magistrate Judge John O'Sullivan to conduct an evidentiary hearing and submit a Report and Recommendation to determine if the defendant should be committed to a psychiatric hospital pursuant to 18 U.S.C. § 4243(a) [D.E. #52]. Magistrate Judge O'Sullivan filed a Report and Recommendation [D.E. #70].
The Court has reviewed the entire file and record and being otherwise fully advised in the premises, it is ADJUDGED that United States Magistrate Judge John O'Sullivan's Report and Recommendation is AFFIRMED and ADOPTED. Accordingly,
The Court accepts the defendant's Waiver of Hearing and find by clear and convincing evidence that the defendant "is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another". The defendant should be committed to a psychiatric hospital pursuant to 18 U.S.C. § 4243(a). This case is CLOSED.
DONE and ORDERED in Miami-Dade County, Florida this 27th day of September, 2017.
/s/ _________
FEDERICO A. MORENO
UNITED STATES DISTRICT JUDGE Copies furnished to: All counsel of record