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United States v. Burrell

November 16, 2007

UNITED STATES OF AMERICA,
v.
GERALD E. BURRELL



The opinion of the court was delivered by: Phillips

ORDER OF COMMITMENT FOR MENTAL EXAMINATION

This matter came before the court on November 15, 2007, for a change of plea. During the plea colloquy, the court became concerned as to the defendant's competency to enter a plea based on the defendant's answers to the court's questions. After conferring with counsel, the court has determined that a psychological examination is in the best interest of the defendant. Accordingly, 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: Ed Schmutzer PO Box 872, Knoxville, TN 37902 865/545-4167

(b) Defense counsel: Kim Tollison Federal Defender Services 800 S. Gay Street, Suite 2400, Knoxville, TN 37929 865/637-7979

(c) Probation officer: Myra Melton 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 against him or to assist property in his defense; and

2. whether defendant suffered from such mental disease or defect which rendered him insane at the ...


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