Opinion
Case No. 2:05-cr-0189.
March 6, 2006
ORDER
The defendant appeared for a hearing on March 6, 2006, after having been evaluated to determine if he is competent to assist with his defense. Counsel were in agreement that the record supports an inference that he is not competent and that he should be placed at a suitable facility to attempt to restore him to competence. The Court finds by a preponderance of the evidence that the defendant is 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. Therefore, pursuant to 18 U.S.C. § 4241(d), defendant is committed to the custody of the Attorney General for such time period, not to exceed four months, necessary to determine whether in the future he will attain the capacity to permit the proceedings in this Court to be conducted. The director of the treatment facility shall file a report with the Court as required by 18 U.S.C. § 4241(e). Further, the United States Marshal is directed to advise the Court in writing every ten business days of the defendant's whereabouts within the prison system and the anticipated date of his arrival at the facility where he will be evaluated and treated.