Opinion
CR417-222
08-08-2018
UNITED STATES OF AMERICA v. STEPHEN WALKER
REPORT AND RECOMMENDATION
On January 30, 2018, the Court ordered a psychological examination of defendant Stephen Walker after finding reasonable cause to suspect his mental competency and his sanity at the time of the alleged violation of the conditions of his supervised release. Doc. 29. After evaluating Walker at the Metropolitan Corrections Center in Chicago, Illinois, the forensic psychologist concluded that Walker is incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. Id. at 12. The psychologist could not reach an opinion on whether Walker's mental illness interfered with his ability to appreciate the nature and quality or the wrongfulness of his actions at the time of the alleged violation. Id. at 12-13.
Counsel for the parties have informed the Court that they stipulate to the report's findings and conclusions and have waived their right to present additional evidence at a competency hearing. Doc. 36. Based upon the unrebutted psychological evidence, the Court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. 18 U.S.C. § 4241(d). It is therefore RECOMMENDED that the defendant be committed to the custody of the Attorney General, who should be DIRECTED to hospitalize the defendant "for treatment in a suitable facility for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the trial to proceed." 18 U.S.C. § 4241(d)(1); see United States v. Donofrio, 896 F.2d 1301, 1303 (11th Cir. 1990).
This Report and Recommendation (R&R) is submitted to the district judge assigned to this action, pursuant to 28 U.S.C. § 636(b)(1)(B) and this Court's Local Rule 72.3. Within 14 days of service, any party may file written objections to this R&R with the Court and serve a copy on all parties. The document should be captioned "Objections to Magistrate Judge's Report and Recommendations." Any request for additional time to file objections should be filed with the Clerk for consideration by the assigned district judge.
After the objections period has ended, the Clerk shall submit this R&R together with any objections to the assigned district judge. The district judge will review the magistrate judge's findings and recommendations pursuant to 28 U.S.C. § 636(b)(1)(C). The parties are advised that failure to timely file objections will result in the waiver of rights on appeal. 11th Cir. R. 3-1; see Symonett v. V.A. Leasing Corp., 648 F. App'x 787, 790 (11th Cir. 2016); Mitchell v. United States, 612 F. App'x 542, 545 (11th Cir. 2015).
SO REPORTED AND RECOMMENDED, this 8th day of August, 2018.
/s/_________
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA