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United States v. Garcia-Cortez

United States District Court, S.D. California

August 1, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
PEDRO GARCIA-CORTEZ, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE RE: DEFENDANT'S COMPETENCY

MICHAEL M. ANELLO, District Judge.

Pursuant to 28 U.S.C. ยง 636(b), Federal Rule of Criminal Procedure 59, and Criminal Local Rule 57.4.c.9, the Court referred this matter to United States Magistrate Judge Jan M. Adler to conduct a hearing and submit proposed findings of fact and recommendations regarding Defendant Pedro Garcia-Cortez's competency to proceed in this case.

No objections having been filed, the Court hereby ADOPTS Judge Adler's findings of fact and recommendation and FINDS by a preponderance of the evidence that Defendant is not presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him, or to assist properly in his defense. Defendant is competent to proceed in this case.

IT IS SO ORDERED.


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