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U.S. v. HARDING

United States District Court, S.D. New York


March 19, 2004.

UNITED STATES OF AMERICA, -v.- RUSSELL A. HARDING, Defendant

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

WHEREAS, a psychological examination of the defendant has been conducted pursuant to Title 18, United States Code, Section 4241(b)

WHEREAS, a psychological report, dated February 20, 2004, has been filed with the Court pursuant to Title 18, United States Code, Sections 4241(b), 4247(b) and (c);

  WHEREAS, the psychological report filed with the Court indicates that the defendant is suffering from depression that renders him mentally incompetent to the extent that he is unable to assist properly in his defense at this time;

  WHEREAS, the Government offers no evidence at this time establishing that the defendant is competent to the extent he is able to assist properly in his defense;

  WHEREAS, counsel for the defendant has requested that the defendant be committed to the custody of the Attorney General of the United States pursuant to Title 18, United States Code, Page 2 Section 4241(d), and the Government has no objection to the entry of such an Order;

  WHEREAS, all parties have had an opportunity to be heard, and the preponderance of the evidence presented to the Court to date establishes that the defendant is presently suffering form a mental disease or defect rendering him mentally incompetent to the extent that he is unable to assist properly in his defense, it is hereby

  ORDERED, pursuant to Title 18, United States Code, Section 4241(d), that the defendant is committed to the custody of the Attorney General of the United States; and

  IT IS FURTHER ORDERED, pursuant to Title 18, United States Code, Section 4241(d), that the Attorney General shall hospitalize the defendant in a suitable facility for a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the trial to proceed; and

  IT IS FURTHER ORDERED that, in computing the time within which the trial must commence, the delay resulting from compliance with this Order shall be excluded pursuant to Title 18, United States Code, Section 3161(h)(1)(A); and

  IT IS FURTHER ORDERED that the Government shall serve a copy of this Order on the United States Marshals Service, the Page 3 Bureau of Prisons, and counsel for the defendant.

20040319

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