Opinion
Criminal Action No. 08-cr-00400-MSK.
November 6, 2008
ORDER GRANTING MOTION FOR COMPETENCE EVALUATION AND VACATING HEARINGS AND TRIAL
THIS MATTER comes before the Court pursuant to the Defendant's Motion to Determine Competence (# 11).
The Motion to Determine Competence is GRANTED. Pursuant to 18 U.S.C. § 4247(b), the Defendant shall be examined by Dr. Susan Bogard, 3300 E. First Avenue, Suite 590, Denver, Colorado, tel. (303) 320-1968, and pursuant to 18 U.S.C. § 4247(c), Dr. Bogard shall issue a report addressing both his competence to stand trial under 18 U.S.C. § 4241, and his sanity at the time of the charged offenses under 18 U.S.C. § 4242. Unless otherwise authorized by the Court, the examination shall be conducted within 45 days of the date of this Order, and shall issue a report to the Court and to counsel within 30 days thereafter. Counsel shall jointly confer with Dr. Bograd and the United States Marshal to determine a convenient date and location for the examination.
The Pretrial Conference set for November 13, 2008 and the trial set for November 17, 2008 are VACATED.