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United States v. Wyler

United States District Court, Sixth Circuit

August 9, 2013

UNITED STATES OF AMERICA
v.
DAVID R. WYLER

ORDER

TERENCE P. KEMP, Magistrate Judge.

The Assistant United States Attorney and the Assistant Federal Public Defender filed a joint motion for a mental examination on August 7, 2013, to determine defendant David R. Wyler's competency to stand trial (Doc. #5). The Court finds that there is reasonable cause to believe that the Defendant may presently be suffering from a mental disease 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. The motion is granted. Pursuant to 18 U.S.C. § 4241(b) and § 4247 (b), the Court orders that Defendant undergo a psychiatric examination to determine his mental competency to stand trial. The Court further orders pursuant to 18 U.S.C. § 4242(a) and § 4247(b) that Defendant undergo a psychiatric examination to determine his sanity at the time of the alleged offenses. The Court orders:

1. That Defendant be committed to the custody of the Attorney General for confinement in a suitable facility for the purpose of conducting a psychiatric and/or psychological examination by one or more licensed or certified psychiatrists and/or clinical psychologists.
2. That Defendant is to submit to such examination as ordered above.
3. That the examiner and/or examiners designated to conduct such examination shall file with the Court as soon as possible after the completion of such examination, a report of the examination with copies provided to Defendant's counsel and the United States Attorney, and said report shall include:
a) Defendant's history and present symptoms;
b) a description of the psychiatric, psychological, and medical tests that were employed and their results;
c) The examiner's findings;
d) the examiner's opinions as to diagnosis, prognosis, and whether the Defendant is suffering from a mental disease 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; and
3) a separate finding of the examiner's opinions as to whether at the time of the conduct charged, Defendant, as the result of severe mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness of his conduct.
4. That the time allowed for the purpose of such examination shall not exceed forty-five days, unless otherwise ordered by the Court.
5. That upon the completion of the examination, Defendant shall be immediately returned to this District for proceedings consistent with applicable statues and rules.
6. That the examination shall be conducted at the expense of the Government due to the fact that Defendant is defended pursuant to the ...

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