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United States v. Duncan

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

September 15, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
JASON W. DUNCAN, Defendant.

ORDER

BRIAN C. WIMES, District Judge.

Before the Court is Magistrate Judge Larsen's Report and Recommendation finding the Defendant competent to proceed to trial and assist in his defense. (Doc. 40) Neither party filed objections to the Report and Recommendation. 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. Accordingly, it is hereby

ORDERED that the Magistrate's Report and Recommendation be attached to and made part of this Order, finding the Defendant competent to proceed to trial and assist in his defense.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION

On February 6, 2014, defendant filed a motion for judicial determination of mental competency. He was examined by William Logan, M.D., who filed a report dated June 12, 2014.

On September 8, 2014, I held a competency hearing. Defendant was present, represented by Angela Hasty. The government was represented by Assistant United States Attorney Katharine Fincham. The parties stipulated to the contents and findings of Dr. Logan (Tr. at 2).

Based upon the uncontroverted evidence stipulated to by the parties in this case, I find that the defendant is competent to stand trial and to 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 competent to stand trial and to assist in his defense.

Counsel waived the 14-day objection period set forth in 28 U.S.C. ยง 636(b)(1) (Tr. at 3). Any objections to this Report and Recommendation shall be filed by September 10, 2014.


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