United States v. Brennan

• Decision Date: 25 January 2019
• Docket Number: 1:19-MR-00002 EAW
• Parties: UNITED STATES of America, v. Donald BRENNAN, Defendant.
• Court: U.S. District Court — Western District of New York

354 F.Supp.3d 250

UNITED STATES of America,

v.Donald BRENNAN, Defendant.

1:19-MR-00002 EAW

United States District Court, W.D. New York.

Signed January 25, 2019

Paul E. Bonanno, U.S. Attorney's Office, Buffalo, NY, for United States of America.

Frank Richard Passafiume, Federal Public Defender, Buffalo, NY, for Defendant.

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

On June 4, 2018, a criminal complaint was filed alleging that defendant Donald Brennan ("Defendant") violated 18 U.S.C. § 2250(a) by knowingly failing to register or update a registration as required by the Sex Offender Registration and Notification Act. United States v. Brennan , No. 18-mj-5083, Dkt. 1 (W.D.N.Y. June 4, 2018). The magistrate judge handling the case found Defendant incompetent to stand trial on December 3, 2018. Id. , Dkt. 13. On that same date, Defendant moved to dismiss the criminal complaint and sought his immediate release from custody. Id. , Dkt. 12. The magistrate judge orally denied Defendant's motion at a hearing on December 21, 2018, and found that Defendant must be committed to the custody of the Attorney General pursuant to 18 U.S.C. § 4241(d). Id. , Dkt. 17, Dkt. 18. Defendant appealed the magistrate judge's decision on January 3, 2019 (Dkt. 1), and the appeal was assigned to the undersigned. For the reasons discussed below, Defendant's appeal is denied, the magistrate judge's decision is affirmed, and Defendant shall be committed to the custody of the Attorney General to be hospitalized for a reasonable period, not to exceed four months, to attempt to restore him to competency.

BACKGROUND

The criminal complaint against Defendant was filed on June 4, 2018. Brennan , No. 18-mj-5083, Dkt. 1. The case was assigned to United States Magistrate Judge Michael J. Roemer, and an initial appearance was held on June 5, 2018, at which time the Government moved for detention. Id. , Dkt. 2.¹ A detention hearing was scheduled for June 8, 2018. Id. Defense counsel requested a preliminary local mental health evaluation, and the Government did not object. The time between June 5, 2018, and June 8, 2018, was excluded under the Speedy Trial Act of 1974, 18 U.S.C. § 3161 et seq. (the "STA") pursuant to §§ 3161(h)(1)(A) (delay resulting from proceedings to determine the mental competency of a defendant), (h)(1)(D) (delay resulting from any pretrial motion—in this case, the Government's motion for detention), and (h)(7)(A) (delay resulting from a continuance where the judge finds that ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speedy trial). Defendant was remanded to the custody of the United States Marshals Service. Brennan , No. 18-mj-5083, Dkt. 2. Judge Roemer entered an order granting the request for a preliminary local mental health evaluation on June 6, 2018. Id. , Dkt. 4.

An appearance was held before Judge Roemer on June 8, 2018; however, no detention hearing occurred because Defendant had not yet undergone the mental health examination. Id. , Dkt. 5. The detention hearing was rescheduled for June 12, 2018, and a status conference was set for September 10, 2018. Id. On motion of the Government and without objection by Defendant, Judge Roemer found on the record that time was excluded under the STA through September 10, 2018, pursuant to §§ 3161(h)(7)(A) and (h)(7)(B)(iv).

The parties appeared before Judge Roemer on June 12, 2018. Brennan , No. 18-mj-5083, Dkt. 6. Again, the detention hearing did not occur because Defendant had not yet undergone a mental health evaluation. Id. The detention hearing was rescheduled for July 27, 2018. Id.

On July 2, 2018, the Court forwarded to the parties a copy of a mental health evaluation performed at the Little Valley Jail. (Dkt. 6 at 6; Dkt. 8 at 2-4). On July 27, 2018, Defendant filed a motion for a competency hearing, as well as notices under Federal Rule of Criminal Procedure 12.2(a) and (b) of his intent to assert an insanity defense at trial and to introduce expert evidence on that issue. Brennan , No. 18-mj-5083, Dkt. 7. That same day, a status conference was held and Judge Roemer granted the defense request (joined by the Government) and directed both a competency evaluation and a criminal responsibility evaluation. Id. , Dkt. 8, Dkt. 9. Judge Roemer scheduled another status conference for September 27, 2018. Id. , Dkt. 9. Judge Roemer confirmed on the record that the time was excluded under the STA pursuant to § 3161(h)(1)(A), and he also granted an exclusion in the interests of justice pursuant to §§ 3161(h)(7)(A) and (h)(7)(B)(iv).²

Defendant was thereafter transported to the Metropolitan Correctional Center, New York ("MCC Manhattan") for the competency and criminal responsibility evaluations. Defendant was first taken to the Metropolitan Detention Center, Brooklyn ("MDC Brooklyn"), where he arrived at the latest on August 9, 2018. (Dkt. 8 at 14). Defendant arrived at MCC Manhattan on August 20, 2018, and underwent evaluations on September 19, 20, 24, and 26, 2018; October 11, 17, and 25, 2018; and November 8, 2018. (Id. at 8, 15).

On September 27, 2018, Judge Roemer held another status conference. Brennan , No. 18-mj-5083, Dkt. 11. Defense counsel informed Judge Roemer that Defendant's competency and criminal responsibility examinations were ongoing, and Judge Roemer scheduled an additional status conference for December 3, 2018. Id. At that appearance on September 27, 2018, discussion was had about the continued automatic exclusion of time from the speedy trial clock pursuant to § 3161(h)(1)(A), but Judge Roemer also granted an interests-of-justice exclusion through December 3, 2018, pursuant to §§ 3161(h)(7).³

The written competency and criminal responsibility evaluations were completed on November 13, 2018. (Dkt. 8 at 8, 26). The Court received copies on November 26, 2018, and provided copies to the parties on November 28, 2018. (Dkt. 6 at 8-9).

Counsel appeared before Judge Roemer on December 3, 2018; Defendant was not present. Brennan , No. 18-mj-5083, Dkt. 13. In response to Defendant's motion, and upon the stipulation of the Government, Judge Roemer found by a preponderance of the evidence that Defendant is presently suffering from a mental defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him and unable to assist in his own defense. Id. Defense counsel indicated that he intended to file a motion to dismiss the criminal complaint and for Defendant's release from custody; Judge Roemer ordered that the Government file a response by no later than December 7, 2018, and scheduled oral argument for December 11, 2018. Id. Defense counsel filed the motion later that day. Id. , Dkt. 12. The Government filed a response on December 7, 2018. Id. , Dkt. 14.

Due to transportation delays, the oral argument on Defendant's motion to dismiss was rescheduled to December 19, 2018. However, oral argument was not held that day because Defendant was not present, again because of transportation issues. Id. , Dkt. 16. Oral argument was ultimately held on December 21, 2018, with Defendant present. Id. , Dkt. 17. Judge Roemer denied Defendant's motion to dismiss and, pursuant to 18 U.S.C. § 4241(d), found that Defendant must be committed to the custody of the Attorney General to be hospitalized for treatment for a reasonable period, not to exceed four months, to attempt to restore him to competency. Judge Roemer instructed the Government to submit a proposed order committing Defendant to the Attorney General's custody. Id.

On January 3, 2019, Defendant filed an appeal of Judge Roemer's decision, which was assigned to the undersigned. (Dkt. 1).

On January 4, 2019, Judge Roemer issued a written decision memorializing his oral ruling on Defendant's motion and staying Defendant's commitment to the Attorney General pending the resolution of the instant appeal. Brennan , No. 18-mj-5083, Dkt. 18.

Defendant filed additional briefing regarding his appeal on January 10, 2019 (Dkt. 6), and the Government filed a response on January 14, 2019 (Dkt. 9). Oral argument was held before the undersigned on January 15, 2019, and the Court reserved decision. (Dkt. 10).

DISCUSSION

I. Standard of Review

Defendant has asked this Court to review Judge Roemer's denial of his motion to dismiss and finding that he must be committed to the custody of the Attorney General for hospitalization to attempt to restore his competency. Although neither party has briefed the issue, the Court must determine as an initial matter the appropriate standard of review.

Under Federal Rule of Criminal Procedure 59, a magistrate judge may determine "any matter that does not dispose of a charge or defense." Fed. R. Crim. P. 59(a). A party may file objections to a non-dispositive ruling by a magistrate judge, and the district judge will review the order and set aside or modify any part of it that is "contrary to law or clearly erroneous." Id. With respect to dispositive matters, a magistrate judge may conduct proceedings and issue a recommendation to the district judge. Fed. R. Crim. P. 59(b)(1). Objections to a magistrate judge's recommendation on a dispositive matter are reviewed de novo . Fed. R. Crim. P. 59(b)(3) ; see also 28 U.S.C. § 636(b)(1).

Here, Defendant's motion to dismiss dealt with a dispositive matter and therefore the Court reviews Judge Roemer's denial of that request de novo . With respect to Judge Roemer's order finding Defendant incompetent and committing Defendant to the custody of the Attorney General under § 4241(d), "the authority of a magistrate judge to issue competency decisions with or without a referral order has not been addressed by the Second Circuit." United States v. Foltz , No. 16-MJ-511, 2018 WL 2175554, at *3 n.1 (W.D.N.Y. May 9, 2018) (noting conflicting authority), report and recommendation adopted , 2018 WL 2192198 (W.D.N.Y. May 11, 2018)...