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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

 PENSACOLA DIVISION

UNITED STATES OF AMERICA

v. CASE NO.: 3:10cr43/MCR

ERNEST MALLETY

 /

ORDER OF COMMITMENT FOR PSYCHIATRIC EVALUATION

The defendant was convicted on August 25, 2010, of two counts of conspiracy

involving the distribution of cocaine and the use of cellular telephone facilities in furtherance

of the drug-trafficking crime and one count of possession of a firearm in furtherance of the

drug-trafficking crime. The defendant’s sentencing was scheduled for December 17, 2010;

however, the court did not impose sentence on that date based on its review of the presentence investigation report, through which the court learned for the first time that the

defendant suffered a traumatic brain injury in 1970, diagnosed as a cerebral concussion,

while serving in the U.S. Army. The defendant was recently evaluated by the Department

of Veterans Affairs and determined to suffer from mild cognitive impairment due to his head

injury, with reported findings of mild impairment of memory, attention, concentration, and

executive functions. His VA impairment rating was raised to 100% on March 22, 2010.1

Before sentencing, the court was not aware of any cognitive impairment of the defendant. 

Pursuant to 18 U.S.C. § 4241, the court now finds that there is reasonable cause to believe

the defendant presently may be suffering from a mental disease or defect rendering him

mentally incompetent to the extent he is unable to understand the nature of the

1

 Attached to this order is a sealed copy of the Department of Veterans Affairs’ decision regarding the

defendant’s entitlement to an increased evaluation. 

Case No.: 3:10cr43/MCR
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proceedings against him or assist in his defense at sentencing.2 Neither party opposes this

order. Accordingly, 

IT IS ORDERED:

1. Pursuant to 18 U.S.C. § 4247(b), the defendant is committed to the custody 

of the Attorney General or his designated representative for placement in a suitable facility

for such period of time as needed to fulfill the requirements of this order but not to exceed

thirty (30) days. The statutory commitment period provided in 42 U.S.C. § 4247(b) shall

not commence until the day the defendant arrives at the facility for evaluation.

2. This examination shall be conducted as soon as practicable upon arrival at 

the facility.

3. The appropriate authorities of the facility shall render as soon as practicable 

a written report with respect to the matters set forth above. The report shall be filed with

this court, with copies to the attorneys for the defendant and the government, and shall

include:

a. The defendant’s history and present symptoms;

b. A description of the psychiatric, psychological, and medical tests that 

were employed and their results;

c. The examiner’s findings; and

d. The examiner’s opinions as to diagnosis, prognosis, and whether the 

defendant suffers from a mental disease or defect to the extent that he is unable to

understand the nature of the sentencing process or assist properly in preparing for his

sentencing.

4. The United States Marshal is directed to immediately report the designation 

made by the Bureau of Prisons and transport the defendant to the designated facility at the 

2

 This order is made sua sponte for the reasons stated at the sentencing hearing.

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earliest possible time and in the most expeditious manner for this evaluation.

SO ORDERED this 22nd day of December, 2010.

M. Casey Rodgers 

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

Case No.: 3:10cr43/MCR