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United States v. Ferretti

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 16, 2008

UNITED STATES OF AMERICA
v.
DIANE FERRETTI, DEFENDANT.

The opinion of the court was delivered by: David R. Homer U.S. Magistrate Judge

REPORT-RECOMMENDATION*fn1

Presently pending is the motion of defendant Diane Ferretti ("Ferretti") for an order finding her mentally incompetent to stand trial in accordance with 18 U.S.C. § 4241(d). An examination of Ferretti was conducted at the Metropolitan Correctional Center in Chicago, Illinois by Dr. John A. Pindelski, a Federal Bureau of Prisons clinical psychologist. A written report of that examination was received on June 10, 2008.*fn2 The report recommended that Ferretti be found incompetent to stand trial. A hearing concerning Ferretti's motion was held on June 16, 2008 in accordance with 18 U.S.C. §§ 4241(c) and 4247(d). At that hearing, the United States offered no objection to Dr. Pindelski's findings and conclusions.

WHEREFORE, good cause appearing for the findings and conclusions of Dr. Pindelski, it is hereby

RECOMMENDED that:

1. In accordance with 18 U.S.C. § 4241(d), defendant Diane Ferretti be found to be suffering presently from a mental disease rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense;

2. Defendant Diane Ferretti be committed to the custody of the Attorney General for treatment in a suitable hospital facility; and

3. In accordance with 18 U.S.C. § 4241(d)(1), a further hearing be held within four months to determine whether there is a substantial probability that in the foreseeable future, defendant Diane Ferretti will attain the capacity to permit the trial of the above-captioned case to proceed.

Pursuant to 28 U.S.C. § 636(b)(1), the parties have ten days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN TEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993) (citing Small v. Sec'y of HHS, 892 F.2d 15 (2d Cir. 1989)); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(e).


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