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BARRY J. PORTMAN

Federal Public Defender

SHAWN HALBERT

Assistant Federal Public Defender

450 Golden Gate Avenue

San Francisco, CA 94102

Telephone: (415) 436-7700

Counsel for Defendant Steven Adams

UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

STEVEN ADAMS

Defendant.

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CR No. 09-0783 MMC

CR No. 01-00251 MMC

[PROPOSED] ORDER

THIS MATTER having come before the Court on defense counsel’s Unopposed Motion to

Determine Mental Competency pursuant to Section 4241 and 4247 of Title 18 and Federal Rule

of Criminal Procedure 12.2(c)(1), and the Court being fully advised on the basis for that motion;

 IT IS THEREFORE ORDERED that, at the earliest practicable time, the defendant shall be

referred to the Bureau of Prisons for a psychiatric or psychological examination and report,

where the appropriate person shall evaluate Mr. Adams and file a report with the Court

responding to the following questions:

 1. Does Mr. Adams understand the nature and consequences of the proceedings against

him?

 2. Does Mr. Adams now have a sufficient present ability to assist with his defense?

 Further proceedings in this case are postponed until the report is received and a competency

[PROPOSED] ORDER

CR Nos. 09-0783 & 01-00251 MMC 1

Case 3:09-cr-00783-MMC Document 32 Filed 03/18/10 Page 1 of 2
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hearing is convened. Pursuant to 18 U.S.C. § 3161(h)(1)(A), the period of time from when the

defendant made his Unopposed Motion to Determine Mental Competency of Defendant to the

entry of an order finding Mr. Adams competent is EXCLUDED for purposes of calculating the

defendant's speedy trial rights.

 IT IS FURTHER ORDERED that, pursuant to Rule 12.2(c)(4) of the Federal Rules of

Criminal Procedure, neither any statement made by the defendant in the course of this

examination, nor testimony by the expert based upon such statement, and no other fruits of the

statement shall be admitted in evidence against the defendant in any criminal or civil proceeding

except on an issue regarding mental condition on which the defendant has introduced evidence of

incompetency or evidence requiring notice under Rule 12.2(a) or (b)(1). As such, the evaluation

prepared by the Bureau of Prisons shall be maintained under seal; the report and all statements

made by Mr. Adams in the course of the evaluation shall not be used by the Bureau of Prisons for

any other purpose in the future. A finding by the court that the defendant is mentally competent

to stand trial shall not prejudice the defendant in raising the issue of his insanity as a defense to

the offense charged and shall not be admissible as evidence in a trial for the offense charged. 18

U.S.C. § 4241(f).

The Court also wishes to alert the Bureau of Prisons that defense counsel has informed the

Court that Mr. Adams is currently receiving treatment for various medical issues, which should

continue as appropriate when he is transferred to the Bureau of Prisons.

SO ORDERED.

DATED:______________ _______________________________________

THE HONORABLE MAXINE M. CHESNEY

United States District Judge

[PROPOSED] ORDER

CR Nos. 09-0783 & 01-00251 MMC 2

March 18, 2010

Case 3:09-cr-00783-MMC Document 32 Filed 03/18/10 Page 2 of 2