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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

 Plaintiff, 

 vs. 

Robert Francis Krebs, 

 Defendant. 

CR18-00263-TUC-JGZ(JR) 

ORDER FOR COMPETENCY 

EXAMINATION 

(Pursuant to: 18 U.S.C. § 4241(a)) 

(Defendant in Custody) 

 Defendant having filed a Motion for Competency Examination [Doc. #27], and a 

hearing was held on July 31, 2018. Pursuant to 18 U.S.C. § 4241(a) and reasonable cause 

appearing, 

IT IS ORDERED: 

 1. The Defendant, Robert Francis Krebs, be evaluated by a licensed or 

certified psychiatrist to determine whether the 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. 

 2. Dr. Bradley R. Johnson is appointed to conduct the evaluation. 

 3. The United States Marshal Service, within a period not to exceed four 

(4) weeks from the date of this Order, shall arrange for an appointment and transport 

the defendant for consultation to: 

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 The Office of Dr. Bradley R. Johnson 

 6812 N. Oracle Road, Suite 114 

 Tucson, Arizona 85704 

 520-297-9878 / fax 520-297-2242 

 4. Dr. Bradley shall: 

 (a) Within a period not to exceed two (2) weeks from the date of the 

scheduled appointment, submit a written evaluation pursuant to 18 U.S.C. §§ 4241(b) 

and 4247(b) and (c), by both U.S. Mail and email (or fax) to: 

 ORIGINAL Report via U.S. Mail to 

U.S. District Court 

Chambers of U.S. Magistrate Judge Jacqueline M. Rateau 

405 W. Congress Street, Suite 6650 

Tucson, Arizona 85701. 

 COPY of Report 

via email rateau_chambers@azd.uscourts.gov 

 or 

facsimile 520-205-4649 

 (b) Not exceed $2,500.00 for the total costs of services, including 

allowable expenses, without further order of the Court, as the Court finds the cost 

guidelines in 18 U.S.C. § 3006A(e)(3) are reasonable for this examination. Payment of 

services exceeding this amount will require prior approval by the U.S. District Court 

Judge assigned to this case. 

 (c) Fax or mail the invoice, a copy of the requesting Motion, and this 

signed Order to the address listed below in order to receive payment: 

 

 United States Attorney’s Office 

 Attn: Finance/Budget Department 

 Two Renaissance Square 

 40 North Central Avenue, Suite 1200 

 Phoenix AZ 85004-4408 

 Telephone: 602-514-7500 

 via facsimile: 602-514-7662 

Pursuant to the Guide to Judiciary Policies and Procedures, Volume VII, Chapter Ill, 

Section 3.11., the U.S. Department of Justice shall pay the costs of the evaluation. 

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 5. Defense counsel shall: 

 a. Promptly provide the psychologist or psychiatrist with a copy of the 

Motion for Competency Examination, this Order, and all relevant documents that may 

assist with evaluating the defendant’s competency. 

 b. Maintain contact with both the psychologist or psychiatrist, and the 

U.S. Marshal Service, to ensure that the defendant’s appointment has been scheduled 

within the time period indicated in this Order. 

 6. The government shall: 

 a. Promptly provide the psychologist or psychiatrist with all relevant 

documents, including case reports disclosed to the defense, the defendant’s criminal 

history, and other known mental health examinations or medical records in the 

government’s possession. The government is authorized to disclose any federal 

presentence investigation report(s) (PSRs) for the defendant. Any disclosed PSR shall be 

used solely for the purpose of this examination. 

 b. Pay the costs of the evaluation, pursuant to the Guide to Judiciary 

Policies and Procedures, Volume VII, Chapter Ill, Section 3.11. 

 7. All proceedings relating to this defendant in the above-captioned case are 

stayed pending further order of the Court. Excludable delay under 18 U.S.C. § 

3161(h)(1)(A) is found to commence on July 31, 2018, and end upon the Court’s 

determination that the defendant is competent. Such time shall be in addition to other 

excludable time under the Speedy Trial Act and shall commence as of the day following 

the day that would otherwise be the last day for commencement of trial. 

 8. This matter is set for a status conference on September 28, 2018, at 

9:00 AM before Magistrate Judge Rateau. 

9. Both parties shall, by September 21, 2018, inform U.S. Magistrate Judge 

Rateau via email or telephone, if they have not yet received the medical report. 

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/ / / 

 10. The Clerk of the U.S. District Court shall furnish a copy of this Order to the 

U.S. Marshal Service forthwith. 

 Dated this 31st day of July, 2018.