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United States v. Wilson

January 9, 2007

UNITED STATES OF AMERICA,
v.
MICHAEL GILL WILSON, A/K/A NICHI SENJURO



The opinion of the court was delivered by: Thomas W. Phillips United States District Judge

(Phillips)

ORDER OF COMMITMENT FOR MENTAL EXAMINATION

This matter came before the court on January 8, 2007 for trial. Counsel for defendant announced to the court that defendant wished to enter a plea of guilty pursuant to a plea agreement. The court conducted a change of plea hearing in accordance with F.R.Cr.P. 11. Following the entry of his guilty plea, the defendant informed the court that he had been adjudged criminally insane in a court in Colorado. Defense counsel then moved the court for an order committing defendant for psychological examination. The government did not oppose the motion. Accordingly, the court finds that the defendant shall be examined pursuant to the provisions of 18 U.S.C. §§ 4241 and 4242.

The names, addresses, and telephone numbers of the Assistant United States Attorney, defense counsel, and defendant's pretrial services officer are:

(a) Government's counsel: Tracy L. Stone PO Box 872, Knoxville, TN 37902 865/545-4167

(b) Defense counsel: A. Phillip Lomonaco 800 S. Gay Street, Suite 2610 Knoxville, TN 37929 865/521-7422

(c) Probation officer: Adrienne Simpson Brown 800 Market Street, Ste 311, Knoxville, TN 37902 865/545-4001

IT IS THEREFORE ORDERED:

1. That the United States Marshal is hereby directed to transport the defendant to the nearest suitable psychiatric facility (hospital) for purposes of psychiatric evaluation, pursuant to 18 U.S.C. § § 4241 and 4242. Said commitment shall be for a reasonable period not to exceed forty-five (45) days, unless otherwise ordered, and such reasonable period to commence upon defendant's arrival at the examining facility.

2. That the receiving facility and doctor in whose primary care the defendant is placed shall file a written report with this court as soon as practicable with copies to counsel for the government and the defendant, said report to include:

a. the defendant's history and present symptoms;

b. a description of the psychiatric, psychological, and medical tests that were employed and the results;

c. the examiner's findings; and d. the examiner's opinions as to diagnosis, prognosis, and

1. 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 ...


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