United States of America v. Keys

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 48 Report and Recommendations, 35 Motion for Order (Sealed), filed by United States of America Signed on 8/9/2018 by District Judge M. Douglas Harpool. (Levin, Benjamin)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
RASHIE KEYS,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 15-3025-CV-S-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 government’s Motion for Revocation of
Conditional Release (Doc. No. 35) was referred to the United State Magistrate Judge for
preliminary review under § 636(b), Title 28, United States Code. The Magistrate Judge has
completed his preliminary review of the Motion for Revocation of Conditional Release and has
submitted a Report and Recommendation to the undersigned. (Doc. No. 48).
Defendant has filed exceptions to the Report and Recommendation of United States
Magistrate in which he argues that the evidence presented at the hearing held July 17, 2018, is
insufficient to show that Defendant’s release would create a substantial risk of bodily injury to
another person or serious damage to the property of another. (Doc. No. 49).
A review of the files and records in this case establishes that the Defendant violated his
conditional release and failed to comply with his prescribed regimen of treatment. In a Notice of
Violation and Request for Warrant, Senior U.S. Probation Officer Damaris Rodriquez-Feleke
stated that Defendant violated the conditions of his release. (Doc. No. 28-1 at 3-5). The unanimous
expert opinion of the Risk Assessment Panel is that Defendant suffers from a mental illness,

schizophrenia, and that his release would create a substantial risk of bodily injury to another person
or serious damage to property of another due to his mental illness at this time. (Doc. No. 35-1 at
16).
After a careful review of the record before the Court, the Court finds that the evidence
establishes that Defendant’s conditional release should be revoked and that commitment under the
provisions of 18 U.S.C. § 4246 is appropriate. Although Defendant chose not to receive an
independent psychological examination, the remaining record does more than enough to establish
by a preponderance of the evidence that Defendant failed to comply with his regimen and that in
light of his failure his continued release would create a substantial risk of bodily injury to another
person or serious damage to the property of another. Thus, revocation under 18 U.S.C. § 4246 is
appropriate.
Accordingly, pursuant to 18 U.S.C. § 4246(f) the Court it ORDERED that the Defendant’s
Exceptions to Report and Recommendation of United States Magistrate are OVERRULED.
(Doc. No. 49).
It is FURTHER ORDERED that the Report and Recommendation of the United States
Magistrate Judge are ADOPTED and incorporated herein. (Doc. No. 48).
It is FURTHER ORDERED that the Motion for Revocation of Conditional Release is
GRANTED (Doc. No. 35), and that Defendant’s conditional release be REVOKED.
It is FURTHER ORDERED that Defendant be, and is hereby, committed to the custody
of the Attorney General for hospitalization and treatment under the provisions of 18 U.S.C. § 4246.

IT IS SO ORDERED.
DATED:

August 9, 2018
/s/ Douglas Harpool________________

DOUGLAS HARPOOL
UNITED STATES DISTRICT JUDGE