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United States v. Fuller

March 8, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CALVIN FULLER, DEFENDANT.



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

COMMITMENT ORDER

This case is before the Court upon the February 21, 2007, report of Jason Dana, psychologist, to whom Defendant was referred for examination and evaluation pursuant to 18 U.S.C. §4241. Copies of the report were furnished to counsel for the United States and the Defendant and they were requested to examine the report carefully and notify the Court not later than March 7, 2007, whether they had any objection to the Court's admitting the report in evidence, closing the record without further evidence, and finding on the basis of the report that, as the examining mental health professionals conclude, Defendant is not competent to stand trial. Both counsel have affirmatively indicated that they have no objection. Accordingly, the report is admitted in evidence and the record on the question of competence closed.

Upon the evidence adduced, the Court finds that Defendant is presently suffering from a mental disease and/or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.

Accordingly, it is hereby ORDERED that Defendant be, and he hereby is, committed to the custody of the Attorney General of the United States to be hospitalized for treatment in a suitable facility for such reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit this matter to proceed. Not later than the end of this four month period, the person to whose custody Defendant is committed shall report the conclusions of the clinical personnel who are treating Defendant as to his mental status.

Michael R. Merz Chief United States Magistrate Judge

20070308

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