Opinion
Case No. 2:04-CR-708 JTG.
February 3, 2005
BEL-AMI DE MONTREUX, MONTREUX FRÈRES, P.C., SALT LAKE CITY, UTAH, ATTORNEY FOR DEFENDANT.
ORDER FOR NEUROLOGICAL PSYCHIATRIC EVALUATION
Pursuant to the provision of Rule 12.2(c) of Federal Rules of Criminal Procedure, upon the Defendant's Motion and at Defendant's request, and pursuant to 18 U.S.C. §§ 4241(a) and 4242(a),
IT IS HEREBY ORDERED that a neurological psychiatric examination of Defendant be conducted, and that a neurological psychiatric report be filed with the Court, pursuant to the provisions of 18 U.S.C. § 4247(b) and (c), by a licensed or certified neurological psychiatrist or neurological psychologist.
Copies of the Report shall also be provided to Defendant's attorney and the Assistant United States Attorney at the following addresses:
Bel-Ami de Montreux Vernon Stejskal Attorney for Defendant Assistant United States Attorney 180 South 300 West, Suite 350 348 East South Temple Salt Lake City, Utah 84101 Salt Lake City, Utah 84111
Tel. (801) 359-6844 Tel. (801) 524-4156 Fax: (801) 359-6847 Fax. (801) 524-5803
Specifically, the report shall include: (1) The person's history and present symptoms; (2) A description of the neurological, psychiatric, psychological, and medical tests that were performed, and their results; (3) The examiner's findings; and (4) Whether the person 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, (5) The examiner's opinions as to the diagnosis, and whether or not the Defendant was insane or had diminished capacity at the time of the offense charged, as defined in 18 U.S.C. § 17(a).
IT IS ALSO ORDERED that Defendant is hereby committed to the custody of the Attorney General for a reasonable period of time, forthwith, to be transported by the United States Marshall.
IT IS FURTHER ORDERED, in accordance with the provisions of 18 U.S.C. § 31619(h)(1)(A), that the period of delay caused by the examination directed shall be excluded in computing the time within which trial in this matter must commence under the Speedy Trial Act.