Opinion
11-CR-283-BR
08-12-2011
UNITED STATES OF AMERICA v. DARRYL JAMES SWANSON, Defendant.
ORDER DETERMINING MENTAL INCOMPETENCY OF DEFENDANT UNDER 18 U.S.C. § 4241 AND COMMITMENT TO CUSTODY OF ATTORNEY GENERAL
This case came before the court on August 11, 2011, for a hearing to determine the competency of defendant pursuant to 18 U.S.C. § 4241. Defendant was personally present in custody with his attorney, Steven T. Wax. The United States appeared through Assistant United States Attorney Stephen F. Peifer.
The court received the forensic evaluation of defendant dated August 5, 2011, submitted by Dr. Les Goldmann, Ph.D. Based upon Dr. Goldmann's report, and having heard the statements of the parties, the court hereby FINDS by a preponderance of the evidence that the defendant is presently 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.
It is therefore ORDERED that, pursuant to 18 U.S.C. § 4241(d)(1) defendant shall be committed to the custody of the Attorney General for hospitalization and treatment in a suitable facility for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will obtain the capacity to permit any trial and other proceedings to take place.
IT IS ORDERED that the Bureau of Prisons shall submit to the court no later than December 5, 2011, a written report on whether there is a substantial probability that in the foreseeable future defendant will obtain the capacity to permit any trial or other proceedings to take place.
IT IS FURTHER ORDERED that the U.S. Marshal shall forthwith transport defendant to a suitable facility designated by the Attorney General for hospitalization and treatment in compliance with this order.
The court further FINDS that any period of delay occasioned by this order shall be considered excludable delay under the Speedy Trial Act, 18 U.S.C. § 3161.
THE HONORABLE ANNA J. BROWN
United States District Judge
Presented by:
DWIGHT C. HOLTON
United States Attorney
District of Oregon
STEPHEN F. PEIFER, OSB #74252
Assistant United States Attorney