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16-143 - USA v. Carroll


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16-143 - USA v. Carroll
September 9, 2016
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REPORT-RECOMMENDATION: It is RECOMMENDED that the District Judge find that the defendant is not competent, and order that the defendant be entrusted to the custody of the Attorney General for hospitalization for treatment in a suitable facility for a duration not to exceed four months to determine whether there is a substantial probability that in the foreseeable future, defendant will attain the capacity to permit the proceedings to go forward. It is ORDERED, that all the time associated with the competency examination and treatment be excluded for purposes of any Speedy Trial Act computation in this matter. The parties have knowingly and voluntarily waived their right to the 14 day objection period, therefore the Clerk is directed to immediately deliver this Report and Recommendation to the Honorable Frederick J. Scullin, Jr., for his consideration. Signed by U.S. Magistrate Judge Andrew T. Baxter on 9/9/2016. (mae)
September 12, 2016
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ORDER: The Court hereby ORDERS that Magistrate Judge Baxter's # 20 September 9, 2016 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein. The Court further ORDERS that Defendant is entrusted to the custody of the United States Attorney General, pursuant to 18 U.S.C. ยง 4241(d), for hospitalization for treatment in a suitable facility, preferably by continued treatment at the U.S. Medical Center for Federal Prisoners in Springfield, Missouri, for a duration not to exceed four months to determine whether there is a substantial probability that in the foreseeable future Defendant will attain the capacity to permit these proceedings to go forward. The Court further ORDERS that, at the end of that period, the United States Attorney General shall return Defendant to the custody of the United States Marshal, who shall then promptly bring Defendant before the Court for reexamination of his competency to stand trial. Signed by Senior Judge Frederick J. Scullin, Jr. on 9/12/2016. [Copy served upon USMS via email.] (nmk)
December 15, 2016
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REPORT-RECOMMENDATION AND ORDER as to Daniel Carroll: It is RECOMMENDED, that defendant be found competent to stand trial and that pretrial proceedings in this case resume before Judge Scullin, in an expedited fashion, to the extent possible. It is ORDERED, that the Certificate of Competency of Warden Sanders be unsealed; but that the 11/15/2016 Forensic Report of Dr. Baecht remain under seal. It is ORDERED, that all the time associated with the competency examination and treatment of defendant, through the date of Judge Scullin's decision with respect to this R&R, be excluded for purposes of any Speedy Trial Act computation in this matter. The parties have knowingly and voluntarily waived their right to a 14 day objection period on the record. Therefore, the Clerk is directed to immediately deliver this R&R to the Honorable Frederick J. Scullin, Jr., for his consideration without the normal waiting period of fourteen days. Signed by U.S. Magistrate Judge Andrew T. Baxter on 12/15/2016. (mae)
December 15, 2016
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ORDER: The Court hereby ORDERS that Magistrate Judge Baxter's December 15, 2016 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein. Signed by Senior Judge Frederick J. Scullin, Jr. on 12/15/2016. (nmk)