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United States v. Trussell

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

March 30, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
DAYTON A. TRUSSELL, Defendant.

REPORT AND RECOMMENDATION

ROBERT E. LARSEN, Magistrate Judge.

On October 9, 2014, defendant filed a motion for judicial determination of mental competency. He was examined by Gordon Zilberman, Ph.D., a forensic/clinical psychologist, in San Diego, California, who prepared a report dated January 28, 2015, which was received and docketed on March 18, 2015.

On March 30, 2015, I held a competency hearing. Defendant was present, represented by Assistant Federal Public Defender Carie Allen. The government was represented by Assistant United States Attorney Jeffrey McCarther. The parties stipulated to the contents and findings of Dr. Zilberman (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 April 1, 2015.


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