United States of America v. Mabry

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations (Sealed) Signed on 05/13/2014 by District Judge M. Douglas Harpool. (View, Pat) Modified on 5/13/2014 (View, Pat) Copy of Order mailed to Defendant.

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION

UNITED STATES OF AMERICA,

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Plaintiff,
vs.
FRANK MABRY,
Defendant.

Case No. 6:13-cv-03084-MDH

ORDER
Pursuant to the governing law and in accordance with Local Rule 72.1 of the United
States District Court for the Western District of Missouri, the petition herein for determination of
defendant’s mental condition, pursuant to 18 U.S.C. § 4245, was referred to the United States
Magistrate Judge for preliminary review under § 636(b), Title 28, United States Code.
The United States Magistrate Judge has completed his preliminary review of the petition
for determination of defendant’s mental condition and has submitted a report and
recommendation [Doc. # 12]. The time for filing objections has expired and no objections have
been made.
After careful review of the records and files in this matter, the Court adopts the findings
and recommendations of the United States Magistrate Judge as set forth in Document # 12. The
expert opinions establish by a preponderance of the evidence that the defendant suffers from a
mental disease or defect, and is in need of care and treatment in a suitable facility. See 18 U.S.C.
§ 4245.

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It is THEREFORE ORDERED that the report and recommendation of the United States
Magistrate Judge is ADOPTED.
It is FURTHER ORDERED that defendant be, and is hereby, committed to the custody
of the Attorney General for hospital care and treatment in a suitable facility until defendant is no
longer in need of care and treatment in such a facility, or until the expiration of his sentence of
imprisonment, whichever occurs earlier.
IT IS SO ORDERED.
DATED:

May 13, 2014
/s/ Douglas Harpool_______________
DOUGLAS HARPOOL
UNITED STATES DISTRICT JUDGE

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