U.S. v. Yazzie, 6:07-CV-03089-MDH. (2019)
Court: District Court, W.D. Missouri
Number: infdco20190507a11
Visitors: 4
Filed: May 06, 2019
Latest Update: May 06, 2019
Summary: ORDER DOUGLAS HARPOOL , District Judge . Before the Court is the Report and Recommendation of the Magistrate Judge. (Doc. 69) The Magistrate Judge recommends that Defendant's pro se Motion for Bi-Annual Conditional Release Discharge Hearing Pursuant to 18 U.S.C. 247(h) [sic] (Doc. 68) be denied because Defendant's counsel did not file the motion. Under 18 U.S.C. 4247(h), "counsel for the person or his legal guardian may, at any time during such person's commitment, file with the cou
Summary: ORDER DOUGLAS HARPOOL , District Judge . Before the Court is the Report and Recommendation of the Magistrate Judge. (Doc. 69) The Magistrate Judge recommends that Defendant's pro se Motion for Bi-Annual Conditional Release Discharge Hearing Pursuant to 18 U.S.C. 247(h) [sic] (Doc. 68) be denied because Defendant's counsel did not file the motion. Under 18 U.S.C. 4247(h), "counsel for the person or his legal guardian may, at any time during such person's commitment, file with the cour..
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ORDER
DOUGLAS HARPOOL, District Judge.
Before the Court is the Report and Recommendation of the Magistrate Judge. (Doc. 69) The Magistrate Judge recommends that Defendant's pro se Motion for Bi-Annual Conditional Release Discharge Hearing Pursuant to 18 U.S.C. § 247(h) [sic] (Doc. 68) be denied because Defendant's counsel did not file the motion.
Under 18 U.S.C. § 4247(h), "counsel for the person or his legal guardian may, at any time during such person's commitment, file with the court that ordered the commitment a motion for a hearing to determine whether the person should be discharged from such facility . . ." Defendant himself is not authorized under § 4247 to file a motion for a hearing.
After careful review, the Court concurs with the Magistrate Judge's legal conclusion and hereby ADOPTS his Report and Recommendation. The Court DENIES Defendant's Motion as unauthorized under 18 U.S.C. § 4247(h).
IT IS SO ORDERED.
Source: Leagle
