USA v. Pacheco

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. 25-00094-01-CR-W-DGK
)
FELIX A. PACHECO, 	)
)
Defendant. 	)
REPORT AND RECOMMENDATION
On September 16, 2025, Defendant was ordered to undergo a competency evaluation.
(Doc. 23) 	Defendant was examined by Analisa Bublitz, M.A., Doctoral Intern, and Ernie
Gonzalez, Jr., Ph.D., who prepared a report dated November 24, 2025, in which they opined
Defendant was not competent to stand trial. 	(Doc. 26) 	A competency hearing was held on
December 9, 2025. 	The government was represented by Assistant United States Attorney Jess
Michaelsen. 	Defendant appeared in person with appointed attorney Carie Allen. 	The parties
stipulated that if the evaluators were called to testify, they would testify consistently with the
report. 	(Doc. 26) 	No additional evidence was presented.
Based upon the uncontroverted evidence stipulated to by the parties in this case, I find that
Defendant is not competent to stand trial and to assist in his defense. 	Therefore, it is
RECOMMENDED that the Court, after making an independent review of the record and
applicable law, enter an order finding Defendant incompetent to stand trial and to assist in his
defense. 	It is further
RECOMMENDED that the court commit Defendant to the custody of the Attorney General
for hospitalization and treatment pursuant to 18 U.S.C. § 4241(d). 	It is further
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RECOMMENDED that once Defendant’s hospitalization begins, the director of the facility
shall prepare an interim status report every forty days concerning Defendant’s mental condition.
Such report(s) shall be promptly provided by U.S. Mail and e-mail to:
United States District Court
Chambers of U.S. District Judge David Gregory Kays
400 E. 9th Street; Chambers 8652
Kansas City, MO 64106
tracy_strodtman@mow.uscourts.gov;
United States District Court
Chambers of U.S. Magistrate Judge Jill A. Morris
400 E. 9th Street; Chambers 7662
Kansas City, MO 64106
lauren_stout@mow.uscourts.gov;
Carie Allen
Federal Public Defender’s Office
1000 Walnut; Suite 600
Kansas City, MO 64106
carie_allen@fd.org; and
Jess Michaelsen
United States Attorney’s Office
400 E. 9th Street; Suite 5510
Kansas City, MO 64106
jess.michaelsen@usdoj.gov.
/s/ Jill A. Morris
JILL A. MORRIS
UNITED STATES MAGISTRATE JUDGE
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