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United States v. Martinez

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
Oct 18, 2012
11-CR-6181 (W.D.N.Y. Oct. 18, 2012)

Opinion

11-CR-6181

10-18-2012

UNITED STATES OF AMERICA, DECISION and ORDER v. RAUL ABIDEL MARTINEZ, Defendant.


Siragusa, J. This case was referred by order to the undersigned, docketed on October 28, 2011, ECF No. 8, by Magistrate Judge Marian W. Payson, pursuant to 28 U.S.C. § 636(b)(1)(A)-(B). On June 12, 2012, June 14, 2012, August 7, 2012, Magistrate Judge Payson conducted a hearing to determine whether Defendant was competent to stand trial. On September 28, 2012, Magistrate Judge Payson filed a Report and Recommendation ("R&R") ECF No. 37, recommending that the Court determine that the Defendant is not competent to stand trial. The time has passed to file any objections to the R&R, and none have been filed.

Accordingly, for the reasons set forth in the Magistrate Judge Payson's R&R, the Court finds that the Defendant is not competent to stand trial and orders that the Defendant be committed to the custody of the Attorney General for a reasonable period, not to exceed four months, to determine "whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the proceedings to go forward." 18 U.S.C. § 4241(d)(1).

IT IS SO ORDERED. Dated: Rochester, New York

October 18, 2012

ENTER:

______________________

CHARLES J. SIRAGUSA

United States District Judge


Summaries of

United States v. Martinez

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
Oct 18, 2012
11-CR-6181 (W.D.N.Y. Oct. 18, 2012)
Case details for

United States v. Martinez

Case Details

Full title:UNITED STATES OF AMERICA, DECISION and ORDER v. RAUL ABIDEL MARTINEZ…

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

Date published: Oct 18, 2012

Citations

11-CR-6181 (W.D.N.Y. Oct. 18, 2012)