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United States v. Beeson

December 29, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BRIAN A. BEESON, DEFENDANT.



The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

ORDER FOR COMPETENCY EVALUATION

This case is before the Court upon suggestion by the United States and counsel for the Defendant that the Defendant is not competent to assist in his own defense. The Assistant United States Attorney and Defendant's counsel concur that an evaluation is needed.

Accordingly, the Court finds there is good cause to believe Defendant is not competent, and therefore finds, pursuant to 18 U.S.C. §4241(a), that there is reasonable cause to believe that he is presently suffering from a mental disease or defect rendering him incompetent to the extent that he is unable to understand the nature and consequences of the proceedings or to properly assist in the defense. Furthermore, Defendant has filed a Notice of Intention to rely on the defense of not guilty by reason of insanity (Doc. No.8) and the Government requests that Defendant be examined under 18 U.S.C. § 4242.

Therefore, pursuant to 18 U.S.C. §4247(b), Defendant is ordered committed to the custody of the Attorney General of the United States for a period not to exceed thirty days for placement in a suitable facility to undergo a mental competency evaluation and an evaluation of his mental state at the time of the alleged offense. The mental health professional designated to conduct the examination shall file a prompt report with this Court pursuant to 18 U.S.C. §4247(c).

Michael R. Merz Chief United States Magistrate Judge

20061229

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