Opinion
2:03 CR 00223 DAK
December 1, 2003
PAUL M. WARNER, ERIC D. PETERSEN, Salt Lake City, Utah, for Plaintiff
Michael Jaenish, Salt Lake City, Utah, for Defendant
ORDER FOR COMPETENCY EVALUATION
Based upon the government's motion for a competency evaluation pursuant to 18 U.S.C. § 4241 (a) and Rule 12.2(c) of the Federal Rules of Criminal Procedure, and the facts contained in such motion in support thereof, and good cause shown;
IT IS HEREBY ORDERED, that the government's motion for a competency evaluation and report is granted.
IT IS FURTHER ORDERED that:
1. The defendant is hereby committed to the custody of the Attorney General for transportation by the United States Marshal to a U.S. Medical Center for Federal Prisoners, preferably the facility in Springfield, Missouri, for a psychiatric or psychological examination in accordance with 18 U.S.C. § 4247 (b).
2. The examiner shall prepare and file with this Court a report in accordance with 18 U.S.C. § 4247(c), and provide copies to:
Eric D. Petersen Michael W. Jaenish 185 S. State St., Ste 400 150 So. 600 E., Ste. 5C Salt Lake City, Utah 84111 Salt Lake City, Utah 84102 Telephone: (801) 325-3362 Telephone: (801) 635-5738 Telefax: (801) 524-4137 Telefax: (801) 582-0861
3. The report shall be completed within a reasonable period, not to exceed thirty (30) days. The examiner may request a reasonable extension, not to exceed fifteen (15) days, upon a showing that additional time is necessary to observe and evaluate the defendant.
4. Upon completion of the report, the defendant shall be transported back to the District of Utah forthwith, for a competency hearing.