United States District Court, E.D. North Carolina, Western Division
B. Jones, Jr. United States Magistrate Judge
matter is before the court onthe Government's Notice of
Intent to Seek § 4246 Evaluation, which the court
construes as a motion for an evaluation of Defendant under 18
i U.S.C. § 4246. Counsel for Defendant does not oppose
the Government's motion, and the court finds the request
is well grounded.
22, 2018, Defendant Raymond Lee Bryant, Jr., was charged by
way of indictment with three counts of car-jacking, in
violation of 18 U.S.C. § 2119(1), one count of
discharging a firearm during and in relation to a crime of
violence, in violation of 18 U.S.C. § 924(c)(1)(A)(iii),
one count of brandishing a firearm during and in relation to
a crime of violence, in violation of 18 U.S.C. §
924(c)(A)(ii), one count of possession with intent to
distribute a quantity of marijuana, in violation of 21 U.S.C.
§ 841(a)(1), and possession of a firearm during and in
relation to a drug trafficking offense, in violation of 18
U.S.C. § 924(c)(1)(A)(i). By order entered May 25, 2018,
Defendant was committed to the custody of the Attorney
General for a competency evaluation pursuant to 18 U.S.C.
forensic evaluation was conducted at the Bureau of
Prisons' Federal Correctional Institution in Butner,
North Carolina, from June 5, 2018 to July 13, 2018. On July
23, 2018, the court received the initial forensic evaluation
report in which the forensic psychologist opined that
Defendant was not competent to proceed. On August 16, 2018,
after reviewing the report and conducting a hearing pursuant
to 18 U.S.C. §§ 4241(c) and 4247(d), the court
ordered that Defendant be committed, pursuant to 18 U.S.C.
4241(d)(1), for treatment and further evaluation to determine
whether there was a substantial probability that he would
regain competency in the foreseeable future.
competency restoration study was conducted at FMC Butner, and
a report was provided to the court on February 5, 2019.
According to the report, there is insufficient evidence that
Defendant poses a substantial risk of dangerousness in the
current conditions of confinement at FMC Butner. The forensic
psychologist opines that Defendant, having refused
psychotropic medication, remains incompetent to stand trial
but "has been free from significantly aggressive or
motion, unopposed by Defendant, the Government informs the
court it does not seek forcible medication at this time in
accordance with Sell v. United States, 539 U.S. 166
(2003), but instead requests an evaluation of Defendant to
determine whether he meets the criteria for civil commitment
pursuant to 18 U.S.C. § 4246.
18 U.S.C. § 4246, an individual found incompetent to
stand trial on a federal indictment may be civilly committed
if, after a hearing, "the court finds by clear and
convincing evidence that the person is presently suffering
from a mental disease or defect as a result of which his
release would create a substantial risk of bodily injury to
another person or serious damage to property of
another." 18 U.S.C. § 4246(d). The statute further
authorizes a court to order such psychiatric or psychological
examination as may be necessary to the court's
determination. 18 U.S.C. § 4246(b).
the report of competency restoration study at FMC Butner does
not indicate Defendant is a danger to himself or others in
the hospital setting, albeit for lack of sufficient evidence,
the report fails to address whether Defendant's mental
condition would render him dangerous if released. The
Government notes Defendant has a history of erratic and
dangerous behavior when unmedicated, and points out the
dangerous nature of the pending charges contained in the
indictment. Thus, the Government seeks further evaluation to
determine whether Defendant should be civilly committed.
Counsel for Defendant does not object to the evaluation.
upon the competency restoration report, it appears to the
court that Defendant's condition is not so improved as to
permit the proceedings to go forward at this time.
Defendant's commitment pursuant to § 4241(d) having
come to an end, he is now subject to the provisions of §
4246. See 18 U.S.C. § 4241(d) ("If, at the
end of the time period specified [for competency restoration
treatment], it is determined that the defendant's mental
condition has not so improved as to permit the proceedings to
go forward, the defendant is subject to the provisions of
sections 4246 and 4248.").
the court ORDERS that Defendant be committed to the custody
of the Attorney General at FMC Butner, or such other suitable
facility as may be designated by the Attorney General, for a
period not to exceed forty-five (45) days for purposes of a
psychological and/or psychiatric examination to determine
whether civil commitment proceedings should be instituted
pursuant to 18 U.S.C. § 4246(a). A report of the
examination(s) shall be prepared and filed ...