U.S. v. GAITAN, 12-00155-01-CR-W-BP. (2014)
Court: District Court, W.D. Missouri
Number: infdco20140404g46
Visitors: 9
Filed: Apr. 03, 2014
Latest Update: Apr. 03, 2014
Summary: REPORT AND RECOMMENDATION ROBERT E. LARSEN, Magistrate Judge. On December 19, 2012, Defendant was ordered to undergo a competency evaluation (Doc. No. 22). Defendant was found incompetent to stand trial and committed the custody of the Attorney General for hospitalization and treatment (Doc. No. 28). Following this period of treatment, I received a report dated February 11, 2014, which stated Defendant's competency had been restored. A competency hearing was held on April 2, 2014. The governm
Summary: REPORT AND RECOMMENDATION ROBERT E. LARSEN, Magistrate Judge. On December 19, 2012, Defendant was ordered to undergo a competency evaluation (Doc. No. 22). Defendant was found incompetent to stand trial and committed the custody of the Attorney General for hospitalization and treatment (Doc. No. 28). Following this period of treatment, I received a report dated February 11, 2014, which stated Defendant's competency had been restored. A competency hearing was held on April 2, 2014. The governme..
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REPORT AND RECOMMENDATION
ROBERT E. LARSEN, Magistrate Judge.
On December 19, 2012, Defendant was ordered to undergo a competency evaluation (Doc. No. 22). Defendant was found incompetent to stand trial and committed the custody of the Attorney General for hospitalization and treatment (Doc. No. 28). Following this period of treatment, I received a report dated February 11, 2014, which stated Defendant's competency had been restored.
A competency hearing was held on April 2, 2014. The government was represented by Assistant United States Attorney David Barnes. Defendant in person with appointed attorney Bill Raymond. The parties stipulated to the contents and findings of the February 11, 2014 report (Tr. at 2). No additional evidence was presented. The parties waived the fourteen-day objection period (Tr. at 3).
Based upon the uncontroverted evidence, I find that Defendant is competent to proceed. Therefore, it is
RECOMMENDED that the court, after making an independent review of the record and applicable law, enter an order finding Defendant competent.
Source: Leagle
