ORDER

BRIAN C. WIMES, District Judge.

On May 8, 2018, a hearing as to Defendant Martin's competency was held before Magistrate Judge John T. Maughmer. Defendant appeared in person and represented by counsel, Stephen Moss. Assistant United States Attorney Alison Dunning appeared for the Government. Both parties stipulated to the Forensic Evaluation prepared by Diana Schoeller Hamilton, Psy.D., Forensic Psychologist. In the Forensic Evaluation, Dr. Hamilton opined that defendant Ashley Martin does not appear to suffer from a mental disease or defect rendering her unable to understand the nature and consequences of the proceedings against her or to properly assist in her defense. Therefore, after an independent review of the record and the applicable law, it is hereby

ORDERED that the Court adopts Magistrate Judge John T. Maughmer's Report and Recommendation finding the defendant competent to stand trial and to assist in her defense. It is further

ORDERED that the Magistrate's Report and Recommendation (Doc. #28) be attached to, and made part of, this Order.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION

On February 15, 2018, counsel for defendant Martin filed a motion pursuant to 18 U.S.C. § 4241 for a determination of the mental competency of the defendant to stand trial. That motion was granted and, prior to holding a hearing to determine the mental competency of the defendant, the Court entered its Order pursuant to 18 U.S.C. § 4241(b) directing that a psychological or psychiatric examination of the defendant be conducted and that a psychological or psychiatric report be filed with the Court pursuant to 18 U.S.C. §§ 4247(b) and (c).

The Court has received the psychological or psychiatric report of Dr. Hamilton which concluded that the defendant is competent to understand the nature and consequence of the proceedings against her and to assist properly in her defense. This report has been provided to and reviewed by counsel for the government and counsel for the defendant. On May 8, 2018, a hearing was held pursuant to 18 U.S.C. § 4247(d) for the purpose of determining the mental competency of the defendant to stand trial. At this hearing, counsel for the government and counsel for the defendant stipulated that the Court could consider the psychological or psychiatric report of Dr. Hamilton as if Dr. Hamilton had appeared in person and testified under oath. No additional evidence was offered by the government or by the defendant.

Based on the record before the Court and the findings of Dr. Hamilton, it is

RECOMMENDED that the District Court, after conducting its own independent review of the record, find that defendant Martin is competent to understand the nature and consequence of the proceedings against her and to assist properly in her defense.

Counsel are reminded that each has 14 days from the date of receipt of a copy of this Report and Recommendation to file and serve specific objections to the same. A failure to file and serve timely objections shall bar attack on appeal of the factual findings in this Report which are accepted or adopted by the District Judge except upon the ground of plain error or manifest injustice.