Report and Recommendation — United States v. Perry Williams, III (Southern District of Georgia, Document 37)

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Report and Recommendation in United States v. Perry Williams, III, CR422-86, in the United States District Court for the Southern District of Georgia, Savannah Division, Document 37, filed February 10, 2023. It recites that on October 4, 2022, the Court ordered a forensic psychological examination under 18 U.S.C. § 4241(a) and (b) to assess mental competency for trial and criminal responsibility. The report states that the evaluators found Williams competent to stand trial and that both defendant and the Government stipulate to the findings. The magistrate judge recommends that Williams be found competent to stand trial, and the document sets a 14-day period for written objections.

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     Case 4:22-cr-00086-RSB-CLR Document 37 Filed 02/10/23 Page 1 of 3




               UNITED STATES DISTRICT COURT
               SOUTHERN DISTRICT OF GEORGIA
                    SAVANNAH DIVISION

UNITED STATES OF AMERICA,
                                        )
v.                                      )     CR422-86
                                        )
PERRY WILLIAMS, III,                    )
                                        )
     Defendant.                         )


                REPORT AND RECOMMENDATION

     On October 4, 2022, the Court ordered a forensic psychological

examination of defendant Perry Williams, III, in accordance with 18

U.S.C. § 4241(a) and (b), to assess both his mental competency for trial

and his criminal responsibility for the charged offense. Doc. 26. He has

since had a comprehensive psychological evaluation at the Federal

Detention Center in Miami, Florida. Doc. 35. His evaluators found that

he is competent to stand trial. Doc. 35 at 10.

     Both defendant and the Government stipulate to the report’s

findings.   Doc. 36.   The Court concurs with the report’s unrebutted

findings and concludes that Williams is not presently suffering from a

mental disease or defect rendering him mentally incompetent to stand
         Case 4:22-cr-00086-RSB-CLR Document 37 Filed 02/10/23 Page 2 of 3




trial.     It is therefore RECOMMENDED that defendant be found

competent to stand trial pursuant to 18 U.S.C. § 4241.

         This R&R is submitted to the district judge assigned to this action,

pursuant to 28 U.S.C. § 636(b)(1)(B) and this Court’s Local Rule 72.3.

Within 14 days of service, any party may file written objections to this

R&R with the Court and serve a copy on all parties. The document should

be   captioned       “Objections    to   Magistrate    Judge’s   Report      and

Recommendations.” Any request for additional time to file objections

should be filed with the Clerk for consideration by the assigned district

judge.

         After the objections period has ended, the Clerk shall submit this

R&R together with any objections to the assigned district judge. The

district judge will review the magistrate judge’s findings and

recommendations pursuant to 28 U.S.C. § 636(b)(1)(C). The parties are

advised that failure to timely file objections will result in the waiver of

rights on appeal. 11th Cir. R. 3-1; see Symonette v. V.A. Leasing Corp.,




                                         2
     Case 4:22-cr-00086-RSB-CLR Document 37 Filed 02/10/23 Page 3 of 3




648 F. App’x 787, 790 (11th Cir. 2016); Mitchell v. United States, 612 F.

App’x 542, 545 (11th Cir. 2015).

     SO REPORTED AND RECOMMENDED, this 10th day of

February, 2023.

                                        _________________________
                                        Christopher L. Ray
                                        United States Magistrate Judge
                                        Southern District of Georgia




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