UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Case No: 09-20005

Plaintiff,

DISTRICT JUDGE THOMAS L. LUDINGTON

vs. MAGISTRATE JUDGE CHARLES E. BINDER

ELMER KESCHICK, Jr.,

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 December 24, 2008, this Court ordered an examination of the Defendant pursuant

to 18 U.S.C. § 4241(a), (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 March 4, 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. Based on the opinion of Dr. Sommerschield that Defendant is unable to

understand the nature and consequences of the proceedings against him, that he is unable to

assist properly in his defense, as well as the undersigned’s observations of Defendant in

Court and the comments of defense counsel, the undersigned determines that Defendant is

not competent to stand trial at the present time, and was incompetent at the time the alleged

offense is said to have occurred.

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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 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

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

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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: March 6, 2009 United States Magistrate Judge

CERTIFICATION

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

on James Brunson, William Brisbois and William Antrobius, served on District Judge

Ludington in the traditional manner, and served on Pretrial Services and the U.S. Marshal’s

Service by other electronic means.

Date: March 6, 2009 By s/Jean L. Broucek 

Case Manager to Magistrate Judge Binder

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