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United States v. Harker

United States District Court, W.D. Missouri, Western Division

August 12, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
MATTHEW WAYNE HARKER, Defendant.

REPORT AND RECOMMENDATION

ROBERT E. LARSEN, Magistrate Judge.

On April 25, 2014, I sua sponte ordered that defendant undergo a competency examination. Defendant was examined by Judith Campbell, Ph.D., a Forensic Psychologist, who prepared a reported dated July 24, 2014 (document number 26).

A competency hearing was held on August 7, 2014. The government was represented by Assistant United States Attorney Teresa Moore. Defendant was present in person and represented by F. A. White, Jr. Defense counsel and government counsel stipulated to the contents and findings of Dr. Campbell's report (Tr. at 2-3).

Based on the uncontroverted evidence stipulated to by counsel in this case, I find that defendant is not competent to stand trial and assist in his defense. Therefore, it is

RECOMMENDED that the court, after making an independent review of the record and applicable law, enter an order finding defendant incompetent to stand trial and to assist in his defense. It is further

RECOMMENDED that the court commit defendant to the custody of the Attorney General for hospitalization and treatment pursuant to 18 U.S.C. § 4241(d).

Counsel are advised that, pursuant to 28 U.S.C. § 636(b)(1), each has 14 days from the date of this report and recommendation to file and serve specific objections.


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