United States of America v. Garcia-Reyes

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations Signed on 6/4/14 by District Judge M. Douglas Harpool. (View, Pat) Modified on 6/4/2014 (View, Pat). Copy of Order mailed to defendant.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) Plaintiff, vs. JOEL GARCIA-REYES, Defendant. Case No. 6:13-cv-3119-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 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 to the undersigned (Doc. No. 12). Defendant did not file exceptions to the report and recommendation and the time for objections has expired. Therefore, after a careful review of the files and records, the Court adopts the findings and recommendations of the United States Magistrate Judge. 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. It is THEREFORE ORDERED that the report and recommendation of the United States Magistrate Judge are ADOPTED. 1 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: June 4, 2014 /s/ Douglas Harpool________________ DOUGLAS HARPOOL UNITED STATES DISTRICT JUDGE 2

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