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United States v. Brown

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 24, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSEPH L. BROWN, DEFENDANT.

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

ORDER

On June 12, 2008, the Court granted Brown's motion for psychological examination pursuant to 18 U.S.C. § 4241 (Doc. 50). Brown arrived at the Metropolitan Correctional Center in Chicago to undergo his psychological evaluation on July 2, 2008. A competency hearing is currently set for July 31, 2008.

18 U.S.C. § 4247(b) states that the examination shall be complete within thirty days. However, that section also provides that the facility "may apply for a reasonable extension, but . . . not to exceed thirty days . . ., upon a showing of good cause that the additional time is necessary to observe and evaluate the defendant."

In a letter dated July 23, 2008, Dr. Ron Nieberding, the Forensic Psychologist at the Metropolitan Correctional Center, requested a 15-day extension in order to complete testing and examination. Dr. Nieberding indicated that the evaluation will be completed by August 17, 2008 and a report will be prepared and submitted by September 7, 2008.

Having fully considered Dr. Nieberding's letter, the Court hereby FINDS good cause that additional time is needed to complete Brown's psychological examination. Accordingly, the Court GRANTS an extension of time to complete Brown's examination pursuant to 18 U.S.C. § 4247(b). Brown's psychological examination shall be concluded by August 17, 2008. A report shall then be filed with this Court as soon as practicable, pursuant to 18 U.S.C. § 4247(b) and (c), with copies to counsel.

The Court also DIRECTS the Clerk of the Court to fax a copy of this Order to Dr. Ron J. Nieberding, 312-317-1026, and to make a staff note on the docket indicating that this has been done.

Accordingly, the Court CONTINUES Brown's competency hearing to 9:00 a.m. on Friday, September 26, 2008.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20080724

© 1992-2008 VersusLaw Inc.



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