UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
September 14, 2012
UNITED STATES OF AMERICA,
JAFET RIVERA, DEFENDANT.
The opinion of the court was delivered by: Charles J. Siragusa United States District Judge
DECISION and ORDER
Siragusa, J. This case was referred by order to the undersigned, docketed on August 20, 2012, ECF No. 20, by Magistrate Judge Jonathan W. Feldman, pursuant to 28 U.S.C. § 636(b)(1)(A)-(B). Previously, on August 15, 2012, Magistrate Judge Feldman filed a Report and Recommendation ("R&R") ECF No. 19, recommending that the Court determine that the Defendant is not competent to stand trial. The time has passed for Defendant to file any objections to the R&R, and none have been filed.
Accordingly, for the reasons set forth in the Magistrate Judge's R&R, the Court finds that the Defendant is not competent to stand trial and order that the Defendant be committed to the custody of the Attorney General for a reasonable period, not to exceed four months, to determine "whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the proceedings to go forward." 18 U.S.C. § 4241(d)(1).
IT IS SO ORDERED.
Charles J. Siragusa
© 1992-2012 VersusLaw Inc.