Opinion
Case No. 2:03-CR-1011.
April 11, 2005
ORDER FOR SANITY EVALUATION
Based on the motion of the government, stipulation of the parties, and good cause shown:
It is hereby ORDERED that defendant is committed to the custody of the Attorney General of the United States for transportation by the United States Marshal to a federal medical facility for a psychiatric or psychological examination for the purpose of determining the issue of insanity at the time of the offense in accordance with 18 U.S.C. § 4247(b).
The Court recommends to the U.S. Bureau of Prisons that Mr. Allred's examination be conducted at the federal medical facility in Devens, Massachusetts. Mr. Allred's family resides near the Devens' facility, and that fact plus the lengthy and unique history of this case persuade the Court that an examination performed at the Massachusetts facility will be in the best interests of the defendant, the Court, and the most expeditious resolution of this case.
The Court has been in contact with an official of the Bureau of Prisons in Washington, D.C. (Ms. Julie Wands) and has been advised that the Devens, Massachusetts facility is equipped and available for Mr. Allred's sanity evaluation, and has been further advised by Ms. Wands that the Court should include its recommendation in this Order.
Due to previous incidents in this case, in no event shall the defendant's medical examination be performed at the Bureau of Prisons' medical facilities in Springfield, Missouri, or Los Angeles, California.
The examiner shall prepare and file with this Court a report in accordance with 18 U.S.C. § 4247(c), and provide copies to:
Steven McCaughey Kevin Sundwall Attorney for the Defendant Assistant United States Attorney 10 West Broadway, Suite 650 185 South State Street, Suite 400 Salt Lake City, Utah 84101 Salt Lake City, Utah 84111 (801) 524-4010 (801) 524-5682
The report shall be completed within a reasonable period, not to exceed forty-five (45) days. The director of the facility may apply for an extension, not to exceed thirty (30) days, upon a showing of good cause that additional time is necessary to observe and evaluate the defendant.
Upon completion of the report, the defendant shall be transported back to the District of Utah forthwith, for a sanity hearing.
The trial date is stricken, and the time between this date and the sanity hearing is excluded pursuant to 18 U.S.C. § 3161(h)(1)(A).
IT IS SO ORDERED.