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United States v. Fuller

January 11, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CALVIN FULLER, 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 Defendant's counsel that Defendant is not competent to assist in his own defense; information provided by the United States Pretrial Office also notes mental difficulties which casts doubt on his competency. The Assistant United States Attorney assigned to this case concurs 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.

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. 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

20070111

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