Opinion
Case No. 1:12-CR-28
11-14-2012
Judge Curtis L. Collier
ORDER
On April 23, 2012, Defendant orally moved for a psychiatric and/or psychological examination. United States Magistrate Judge William B. Mitchell Carter granted Defendant's motion and ordered a mental health evaluation (Court File No. 20). The findings of the sealed forensic report show Defendant is not currently suffering from a mental disease or defect rendering him mentally incompetent to the extent he is unable to understand the nature and consequences of the proceedings filed against him or to properly assist in his defense, and he is competent to stand trial. Moreover, the findings show Defendant was sane at the time of the alleged offense and did not suffer from a mental illness that interfered with his ability to appreciate the nature and quality or wrongfulness of his actions. Defendant has waived his right to a competency hearing (Court File No. 42).
Based upon this information, Magistrate Judge Carter has submitted a Report and Recommendation ("R&R"), recommending this Court find Defendant competent to stand trial (Court File No. 44). Neither party filed an objection. Therefore, the Court ACCEPTS and ADOPTS Magistrate Judge Carter's R&R (Court File No. 44), pursuant to 28 U.S.C. § 636(b)(1), and DETERMINES Defendant is competent to stand trial.
SO ORDERED.
ENTER:
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CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE