IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

United States of America

v. Case No. 2:10-mj-364

Carlos W. Cook

ORDER

This matter is before the court for consideration of the

Report and Recommendation issued by the magistrate judge in the

above case. The report indicates that defendant underwent a mental

evaluation, and that the psychologist who conducted the examination

concluded that defendant was presently severely mentally ill and

incapable of understanding the nature of the proceedings against

him, or of assisting in his defense. The psychologist recommended

that defendant be committed for the purpose of receiving treatment

to restore him to competency. Counsel for defendant and the

government agreed with this recommendation. The magistrate judge

recommended that the defendant be committed to the custody of the

Attorney General for treatment.

Counsel has informed the court that they have no objections to

the Report and Recommendation. This court hereby adopts the Report

and Recommendation (Doc. No. 15).

Based on the record, this court finds by a preponderance of

the evidence that defendant is presently suffering from a mental

disease or defect rendering him mentally incompetent to the extent

that he is unable to understand the nature and consequences of the

proceedings against him or to assist properly in his defense. 

Pursuant to 18 U.S.C. §4241(d)(1), the defendant is hereby

committed to the custody of the Attorney General, for a period not

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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 proceedings to go forward, and

for such additional reasonable period of time for treatment until

the defendant’s mental condition is so improved that trial may

proceed. The examiners shall submit a timely report to the court

indicating the examiners’ prognosis as to whether there is a

substantial probability that the defendant may be restored to

competency within the foreseeable future.

If the examiners determine that it is substantially unlikely

that the defendant will attain competency to stand trial in the

foreseeable future even if treated, then the Attorney General shall

continue to maintain custody of the defendant for a period of time

not to exceed forty-five days, pursuant to 18 U.S.C. §4247(b), for

the purpose of conducting a psychiatric or psychological

examination of the defendant pursuant to 18 U.S.C. §4246(b) to

enable the director of the facility to determine whether the

defendant is presently suffering from a mental disease or defect as

a result of which his release would create a substantial risk of

bodily injury to another person or serious damage to the property

of another so as to warrant the filing of a certificate under 18

U.S.C. §4246(a). At the conclusion of such an examination, a

report shall be filed with the court pursuant to 18 U.S.C.

§4247(c).

Date: August 18, 2010 s/James L. Graham 

 James L. Graham

 United States District Judge

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