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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Case No: 08-20599

Plaintiff,

DISTRICT JUDGE THOMAS L. LUDINGTON

vs. MAGISTRATE JUDGE CHARLES E. BINDER

STEVEN PAUL WALTON,

Defendant.

/

ORDER OF COMMITMENT FOR TREATMENT

This order is entered under the authority given to this Magistrate Judge

in an Order of Reference issued by District Judge Ludington pursuant to

28 U.S.C. § 636(b)(1)(A).

On February 24, 2009, this Court ordered an examination of the Defendant pursuant to

18 U.S.C. § 4241(b) and 4247(b) and (c). That examination was completed with a report

having been prepared by Dr. Sommerschield and submitted to the Court and all counsel.

A hearing on the issue was held April 28, 2009, with Defendant and his counsel being

present as well as counsel for the government. Both parties stipulated to the admission of

the report, and neither party offered any additional evidence as to the issue of Defendant’s

competency. After review of the findings and recommendations of Dr. Sommerschield, the

Court finds that the Defendant is unable to assist properly in his defense. Although the

Defendant appears to understand the charges made against him, court proceedings and the

roles of the various participants, the Defendant’s mental condition, as found by Dr.

Sommerschield, leaves the Court with no alternative but to find that the Defendant is not

competent to stand trial at the present time. As a result of such a determination, and

pursuant to 18 U.S.C. § 4241(d)(1), IT IS ORDERED that Defendant is committed to the

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custody of the Attorney General for hospitalization and treatment in a suitable facility for a

reasonable period of time, not to exceed four months, for the purpose of determining whether

there is a substantial probability that in the foreseeable future Defendant will attain the

capacity to permit the proceedings to go forward.

IT IS FURTHER ORDERED that within the period of time authorized by this Order, or

such additional reasonable period of time approved by the Court pursuant to 18 U.S.C. §

4241(d)(2), the Attorney General must advise the Court whether Defendant’s mental

condition has so improved that trial may proceed. On receipt of that report, Defendant must

be returned to this Court for a status conference and further determination as to his

competency at that time. 

THE COURT ORDERS that the United States Marshal’s Service must promptly and

expeditiously transfer Defendant to a suitable facility, to be determined by the Attorney

General, and that the United States Marshal’s Service must do this as quickly as reasonably

possible so as to minimize the period during which Defendant must travel to, be confined in,

and be returned from the facility where such treatment will be conducted. The time period

associated with this process, from the filing date of the Order for Psychiatric or Psychological

Examination through and including the date on which a final determination is made regarding

whether Defendant has regained his competency to stand trial, is excluded under the Speedy

Trial Act pursuant to the terms of 18 U.S.C. § 3161(h)(1)(A) and (h)(4). 

The parties to this action may object to and seek review of this Order, but are required

to file any objections within 10 days of service as provided for in 28 U.S.C. § 636(b)(1) and

Local Rule 72.1(d)(2). A party may not assign as error any defect in this Order to which 

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timely objection was not made. Fed.R.Civ.P. 72(a). Any objections must specify the part of

the Order to which the party objects and state the basis of the objection. Pursuant to Local

Rule 72.1(d)(2), any objections must be served on this Magistrate Judge.

 s/ Charles` E Binder 

CHARLES E. BINDER 

Dated: April 28, 2009 United States Magistrate Judge

CERTIFICATION

I hereby certify that this Order was electronically filed this date, electronically served

on Shane Waller and George Bush, and served on Pretrial Services, the U.S. Marshal’s

Service and District Judge Ludington in the traditional manner.

Date: April 28, 2009 By s/Jean L. Broucek 

Case Manager to Magistrate Judge Binder

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