Summary
affirming the magistrate judge's finding of competency
Summary of this case from U.S. v. KasimOpinion
05-CR-133-S.
February 13, 2006
ORDER
On February 10, 2006, the court received two letters from defendant Jason Shrake addressed to Judge Shabaz. In one, he asks to withdraw his guilty plea because his lawyer coerced him. Shrake claims to want a trial and has asked the court to provide him with materials that evince Shrake's intent to proceed pro se. In his second letter, Shrake takes a contrary position, essentially confessing to the charged offenses and outlining the mitigating circumstances "that should be added into my determination of time to be served." There is no indication that Shrake provided his attorney (Robert Ruth) or the government with copies of these letters.
For now, none of this matters: as a result of Shrake's recent suicide attempt and subsequent irrational behavior, this court has ordered yet another competency examination to determine whether this case even may go forward. If this court concludes that Shrake is competent, then it will determine what should happen next. In the meantime, the clerk of court will send copies of both letters to attorney Ruth and AUSA Elizabeth Altman, then put the originals in the correspondence file. The court will take no further action on Shrake's various requests at this time.