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United States v. El

United States District Court, W.D. North Carolina, Charlotte Division

March 19, 2018

UNITED STATES OF AMERICA,
v.
AMUR MASHUG EL, Defendant.

          ORDER

          MAX O. COGBURN JR UNITED STATES DISTRICT JUDGE

         THIS MATTER is before the Court on the court's Motion for Psychiatric Evaluation. After conducting a hearing, the Court will direct that defendant be taken into custody and that, at government expense, a psychiatric evaluation be performed to determine whether he is competent to stand trial, 18 U.S.C. § 4241, whether he was sane at the time of the alleged offense, 18 U.S.C. § 4242 and Rule 12.2 of the Federal Rules of Criminal Procedure, and, if so, whether he is in need of treatment, 18 U.S.C. § 4244(a).

         ORDER

         IT IS, THEREFORE, ORDERED that the court's Motion for Psychiatric Evaluation is GRANTED, and

         (1) THE DEFENDANT shall be examined by at least one qualified psychiatrist or psychologist pursuant to 18, United States Code, Section 4241(b) and Rule 12.2, Federal Rules of Criminal Procedure, to determine if the defendant, AMUR MASHUG EL, is presently insane or otherwise so mentally incompetent as to be unable to understand the criminal proceedings against him or to properly assist in his defense.

         (2) THE DEFENDANT, AMUR MASHUG EL, shall be examined to determine whether at the time of the commission of the alleged offense AMUR MASHUG EL was criminally responsible pursuant to 18, United States Code, Section 4242.

         (3) FOR PURPOSES OF EXAMINATION pursuant to Section 4241(b), defendant is committed to the custody and care of the Attorney General for placement in a suitable facility, and the examination shall be for such a reasonable time, not to exceed forty-five (45) days, as is necessary to make evaluations as to whether AMUR MASHUG EL:

(a) is presently insane or otherwise so mentally incompetent as to be unable to understand the proceedings against him or to properly assist in his own defense; and
(b) was, at the time of the commission of the alleged offense, criminally responsible.18 U.S.C. §§ 4241(b) and 4247(b) and (c).

         For purposes of determining the forty-five (45) day period, the examination is deemed to commence on the day defendant is admitted to the mental health facility.

         (4) THE WARDEN OR THE CASE MANAGER of the designated facility is instructed that requests for extension of the 45-day examination period must be in a writing mailed to the Clerk of this court, with copies sent to defendant's counsel, the United States Attorney, and the United States Marshal.

         (5) THE PSYCHIATRIST OR PSYCHOLOGIST, as designated by the Attorney General to examine defendant, shall prepare a psychiatric or psychological report pursuant to the requirements of 18, United States Code, Section 4247(c).

         (6) THE PSYCHIATRIST OR PSYCHOLOGIST, as designated by the Attorney General, shall forward the original report to this court, a copy to the Clerk of this court, a copy to counsel for AMUR MASHUG EL, and a copy to the United States Attorney.

         (7) THE UNITED STATES MARSHAL, shall transport defendant AMUR MASHUG EL to the mental health institution, which shall be designated by the Attorney General, and return defendant AMUR MASHUG EL immediately upon completion of the examination to the Western District of North Carolina where bond, if any, may resume. The United States Marshal is permitted a total of 14 days within which to transport AMUR MASHUG EL to and from the mental health institution.Upon return to the district, defendant shall be brought before a United States ...


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