Opinion
CRIMINAL NO. G-06-04.
September 27, 2006
OPINION AND ORDER
Before the Court is a Report and Recommendation from the United States Magistrate Judge dated August 15, 2006, which recommends, inter alia, that Defendant, Daniel Yeh, be committed to the custody of the Attorney General pursuant to 18 U.S.C. § 4241(d)(1); both the Government and Yeh have filed objections.
The Court, having given this matter de novo review under 28 U.S.C. § 636(b)(1)(C), finds that the Report and Recommendation of the Magistrate Judge is a well reasoned and correct application of federal law to the facts in this case and it is, therefore, ACCEPTED in its entirety and incorporated by reference herein.
Therefore, it is the FINDING of this Court that Yeh is presently incompetent to stand trial and he is hereby ORDERED COMMITTED to the custody of the Attorney General for a reasonable period of time, not to exceed four (4) months, to determine whether there is a substantial possibility that he will attain the capacity to permit the trial to proceed.
It is further ORDERED that Yeh SHALL voluntarily report to the facility designated by the Attorney General on the date and at the time determined to be appropriate by the Attorney General.
The Court RECOMMENDS that the Attorney General consider whether the Texas Institute of Research and Rehabilitation in Houston, Texas, would be a "suitable" facility, under 18 U.S.C. § 4247(i)(C), to determine whether there is a substantial possibility that Yeh will attain the capacity to permit the trial to proceed and, if so, consider designation of that Facility for the custodial period of Dr. Yeh.
It is further ORDERED that Yeh's "Request for Immediate Discharge from the Custody of the Attorney General Due to Impossibility of Attaining Competency in the Foreseeable Future" (Instrument no. 29) is DENIED.
It is further ORDERED that Yeh's "Motion to Dismiss Indictment" (Instrument no. 29) is DENIED.