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United States v. Bounds

United States District Court, Sixth Circuit

November 18, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
FRED BOUNDS, Defendant.

OPINION & ORDER

KARL S. FORESTER, District Judge.

On February 15, 2013, Defendant Fred Bounds filed a motion for a competency evaluation to determine his mental competency to stand trial [DE #5]. On February 21, 2013, United States Magistrate Judge Robert E. Wier granted Bounds' motion, and also granted the United States' oral motion to expand the scope of the evaluation to criminal responsibility [DE # 10]. Bounds subsequently filed proper notice of Bounds' intent to assert a defense of insanity pursuant to Rule 12.2(a) of the Federal Rules of Criminal Procedure [DE #9].

On July 2, 2013, a sealed forensic psychological evaluation was filed with the Court, wherein Dr. Judith (Betsy) E. Campbell opines that Bounds is competent for trial purposes [DE #30]. On July 2, 2013, a competency hearing was held before Magistrate Judge Wier [DE #32]. The parties subsequently filed separate post-brief memoranda [DE #33, 34]. On October 29, 2013, Magistrate Judge Wier issued Recommended Disposition, recommending the Court find Bounds competent to stand trial [DE #36]. Bounds has not filed any objections to the Report and Recommendation.

This Court must conduct a de novo review of those portions of the Recommended Disposition to which objection is made. 28 U.S.C. § 636(b)(1)(C). Here, neither party has filed any objections, and the time for so filing has expired. Failure to file objections waives that party's right to appeal. 28 U.S.C. § 636; Thomas v. Arn, 474 U.S. 140, 155 (1985). Accordingly, the Court, being fully and sufficiently advised, HEREBY ORDERS as follows:

(1) the Recommended Disposition [DE # 36] is hereby ADOPTED as and for the opinion of this Court;
(2) Bounds is competent to stand trial;
(3) this matter is hereby referred to Magistrate Judge Wier for arraignment.

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