Opinion
Case No. 1:05cr44-SPM.
March 27, 2006
ORDER ON FORENSIC REPORT
THIS CAUSE came before the Court for review of the forensic report of Defendant's psychological evaluation conducted pursuant to 18 U.S.C. § 4247. In the report, the psychologist provides a detailed summary of his evaluation of Defendant, an explanation for Defendant's aberrant behavior which triggered the evaluation, and concludes that Defendant is competent to stand trial. Having carefully reviewed the report, the Court agrees with this conclusion and makes a preliminary finding that all reasonable doubts have been dispelled as to Defendant's competency to stand trial.
If either party, however, still has reason to question Defendant's competency to stand trial, within 10 days of the date of this order the party shall file a motion requesting a competency hearing. If no such motion is filed, the clerk shall refer this case to the undersigned judge for issuance of an order of competency without a hearing. See Cheely v. United States, 367 F.2d 547, 548-49 (5th Cir. 1966); United States v. Jones, 23 F.3d 1307, 1309 (8th Cir. 1994).
SO ORDERED.