Opinion
Criminal Docket No. 3:03CR60-V.
August 8, 2003
ORDER
THIS MATTER is before the Court upon defense counsel's Motion For Psychiatric Evaluation and Hearing To Determine Competency, filed June 25, 2003. (Document #10)
For the reasons set forth within Defendant's motion, and upon a finding of `reasonable cause' to believe Defendant may be suffering from a mental disease or defect rendering him mentally incompetent to proceed with trial, the Court will order that Defendant undergo an evaluation for this purpose. 18 U.S.C. §§ 4241(a); United States v. Mason, 52 F.3d 1286, 1289 (4th Cir. 1995). In order to facilitate the evaluation, the Court requests the immediate transfer of the Defendant from the Mecklenburg County Jail to F.C.I. Butner, or some like federal facility at the discretion of the U.S. Marshal's Service.
IT IS, THEREFORE, ORDERED THAT:
1) Defendant's motions for evaluation and transfer of custody are both hereby GRANTED. Accordingly, Defendant shall undergo a psychiatric evaluation pursuant to 18 U.S.C. §§ 4241(a) and 4247(b) (c);
2) Once completed, a copy of the psychiatric or psychological evaluation shall be filed with the Court, UNDER SEAL, pursuant to 18 U.S.C. § 4247(c);
3) Counsel for Defendant shall file a STATUS REPORT with the Court on or before September 10, 2003;
4) The Deputy Clerk of Court is directed not to place Defendant on the trial calendar — or to designate on said calendar that an evaluation is pending — pending evaluation, hearing, and a determination on the matter of Defendant's competency to proceed, or until otherwise notified by this Court; and
5) The Clerk of Court shall send a copy of this Order to Defense Counsel, U.S. Attorney's Office, U.S. Probation, the U.S. Marshal's Service, and the Honorable H. Brent McKnight, U.S. District Court Judge.