ORDER

BRIAN C. WIMES, District Judge.

Before the Court is Magistrate Judge Matt J. Whitworth's Report and Recommendation granting Defendant's Motion for psychiatric exam (Doc. #15). Neither party filed objections to the Report and Recommendation (Doc. #27).

On 11/07/16, a hearing was held before Magistrate Judge Whitworth on Defendant's Motion. After an independent review of the record, the applicable law, and the parties' arguments, the Court adopts the Magistrate's findings of fact and conclusions of law and finds defendant is not currently suffering from a mental disease or defect which would prevent him from understanding the nature and consequences of the proceedings against him or assisting in his defense. Accordingly, it is hereby

ORDERED the Magistrate's Report and Recommendation (Doc. #27) be attached to and made part of this Order.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION

Defendant is charged in six counts of the April 21, 2016 Indictment. (Doc. 10). Defendant is charged in the Indictment as follows: Counts 1 and 3 charge Destruction of a Motor Vehicle; Counts 2 and 4 charge Use of a Firearm in Furtherance of a Crime of Violence; Count 5 charges Felon in Possession of a Firearm; and Count 6 charges Possession of a Stolen Firearm. On May 27, 2016, defense counsel filed a motion for psychiatric examination pursuant to 18 U.S.C. §§ 4241 and 4242. The Court granted the motion on May 27, 2016.

Following the psychiatric examination of the Defendant and submission to the Court of a Forensic Evaluation Report (doc. 23), the Court ordered a hearing be held on the issue of Defendant's competency. At the hearing, the Court discussed the Forensic Evaluation Report's findings as to the issues of whether Defendant is presently able to understand the nature and consequences of the court proceedings against him, and whether he is able to properly assist counsel in his defense. Both the Government and the Defendant stipulated to the admission of the Forensic Evaluation Report. Neither the Defendant nor the Government presented the Court with additional evidence or made argument on the issue of competency.1

The Forensic Evaluation Report, authored and reviewed by two forensic psychologists, opines that Mr. Moore meets the criteria for diagnoses of personality disorder and substance use disorders. However, in spite of these diagnoses, the Forensic Evaluation Report states that the Defendant is of a stable mental status, and is not impaired in his present ability to understand the nature and consequences of the court proceedings against him, or in his ability to properly assist counsel in his defense.

Upon review of the Forensic Evaluation Report, and there being no further evidence or argument presented to the Court, the Court finds Defendant is not suffering from a mental disease or defect which would render him unable to understand the nature and consequences of the proceedings against him. The Court further finds Defendant is capable of assisting properly in his own defense.

IT IS, THEREFORE, RECOMMENDED that this Court enter an order finding the defendant competent to stand trial.

Failure to file written objections to this Report and Recommendation within fourteen (14) days from the date of its filing will bar an aggrieved party from attacking such Report and Recommendation before the assigned United States District Judge. 28 U.S.C. § 636(b)(1)(B).