UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

UNITED STATES OF AMERICA, 

Plaintiff,

v.

FRANCIS A. SHARRAK,

Defendant.

 /

Case No. 09-20272

ORDER FOR PSYCHIATRIC OR

PSYCHOLOGICAL EXAMINATION OF DEFENDANT

This matter coming before the Court based upon the written motion of Advisory

Counsel Margaret Sind Raben, as adopted by and endorsed by Defendant Francis A.

Sharrak in open court, the Court finds for the reasons stated in the motion that there is

reasonable cause to believe that Defendant Sharrak may presently be suffering from a

mental disease or defect rendering him mentally incompetent to assist properly in his

defense. Accordingly, pursuant to the Insanity Defense Reform Act of 1984, 18 U.S.C.

§§ 4241-4247, it is hereby ordered:

that a psychiatrist or psychologist employed by the United States be

appointed, authorized, and directed to examine the mental condition of

Defendant Francis A. Sharrak, see id. §§ 4241(a),(b), 4247(b);

that Defendant Sharrak be committed to the custody of the Attorney

General for such psychiatric or psychological examination for a period not

to exceed 30 days, see id. § 4247(b);

that the U.S. Marshals Service transport defendant to and from a "suitable

facility," see id. § 4247(a),(b); 

that the examining psychiatrist or psychologist prepare, as soon as

practical, a written report that includes (1) the defendant’s history and

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present symptoms; (2) a description of the psychiatric, psychological, and

medical tests that were employed and their results; (3) the examiner’s

findings; and (4) the examiner’s opinions as to diagnosis, prognosis, and

whether the defendant is 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, see 18 U.S.C. §§ 4241(b), 4247(c);

that the examiner promptly file the written report with this Court and

provide copies of the report to defense counsel and the attorney for the

government, see id. § 4247(c); and 

that the period beginning with the filing of the written motion of defendant's

advisory counsel on January 3, 2011 and ending with the conclusion of

the competency hearing, see id. §§ 4241(c), 4247(d), which will take place

after the Court and parties receive the examiner’s written report, be

deemed excludable delay under the Speedy Trial Act pursuant to 18

U.S.C. §§ 3161(h)(1)(F) and (h)(1)(A), and that the period beginning the

day after the conclusion of the competency hearing and ending with the

Court’s ruling on defendant’s mental competency or with the lapse of 30

days, whichever occurs first, be deemed excludable delay pursuant to 18

U.S.C. § 3161(h)(1)(J).

 S/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: January 11, 2011

I hereby certify that a copy of the foregoing document was mailed to counsel of record

on this date, January 11, 2011, by electronic and/or ordinary mail.

 S/Lisa Wagner 

Case Manager and Deputy Clerk

(313) 234-5522

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