Opinion
CASE NO.: 1:05cr36-SPM.
July 25, 2007
ORDER DIRECTING DEFENDANT TO FILE REPORT UNDER SEAL AND PROVIDE A COPY TO THE GOVERNMENT
This cause comes before the Court on Defendant Patrick Trent Jackson's notice to court regarding competency evaluation (doc. 210). Defendant shall fax a copy of the report to the Court (352-380-2414) for filing under seal and provide a copy to the Government in accordance with18 U.S.C. § 4247(c).
The Court will review the report and make a competency determination. Unless a hearing is requested by the parties, the competency determination will be made without a hearing. See Cheely v. United States, 367 F.2d 547, 548-49 (5th Cir. 1966) (hearing on issue of defendant's mental competence is not required when the report indicates that the defendant is competent); United States v. Jones, 23 F.3d 1307, 1309 (8th Cir. 1994) (same).
SO ORDERED.