1 “[#18]” is an example of the convention I use to identify the docket number assigned to a

specific paper by the court’s electronic case filing and management system (CM/ECF). I use this

convention throughout this order.

2 My findings of fact are supported by a preponderance of the evidence as required, in part, by

18 U.S.C. § 4241(d).

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Criminal Case No. 11-cr-00382-REB

UNITED STATES OF AMERICA,

Plaintiff,

v.

GABRIEL E. SILVA,

Defendant.

ORDER DETERMINING COMPETENCY AND COMMITTING DEFENDANT 

Blackburn, J.

On December 15, 2011, this matter came before me for hearing under 18 U.S.C.

§§ 4241 and 4247(d), for determination of the defendant’s competency. The

determination of the mental competency of a defendant in a criminal case is governed

by 18 U.S.C. § 4241, as codified and construed. 

Having judicially noticed all relevant adjudicative facts in the file and record pro

tanto; having considered the evidence adduced during the competency hearing; having

considered the Forensic Evaluation of Dr. David E. Morrow [#18]1

 filed December 15,

2011; having considered the reasons stated, arguments advanced, and authorities cited

by the parties in their papers and during the hearing; I enter the following findings of

fact,2

 conclusions of law, and orders to confirm and supplement those entered from the

bench in open court.

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3 Dr. Morrow’s report [#18], which was filed under restriction on December 15, 2011, was

admitted in evidence.

4 Dr. Morrow’s diagnoses appear in his report at 10-11. His opinions concerning competency

appear in his report at 12-14.

5 “Suitable facility” is a term defined by 18 U.S.C. § 4247(a)(2).

2

FINDINGS AND CONCLUSIONS:

1. On October 6, 2011, I entered an Order For Competency Examination And

Determination [#13], granting the Motion for Order Authorizing Psychiatric or

Psychological Examination for the Purpose of Determining Competency [#10] filed

September 26, 2011, by counsel for the defendant.

2. Pursuant to my order and 18 U.S.C. § 4247(b), David E. Morrow, Ph.D., a

certified psychologist conducted a psychological examination of the defendant. His

report, entitled Forensic Evaluation,3

 included the information, diagnoses, and opinions

required pursuant to the provisions of 18 U.S.C. § 4247(c)(1)-(4). I approve, adopt, and

incorporate the findings, diagnoses, and opinions of Dr. Morrow.

3. The defendant is presently suffering from a mental disease or defect4

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. Therefore, the defendant is not presently competent to proceed.

4. Pursuant to the provisions of 18 U.S.C. § 4241(d)(1), the defendant must be

committed to the custody of the Attorney General for hospitalization and treatment in a

suitable facility5

 to determine whether there is a substantial probability that in the

foreseeable future he will attain the capacity to permit the proceedings to go forward.

5. Pursuant to 18 U.S.C. § 3161(h)(1)(A) and (4), the period of delay resulting

from these competency proceedings should be excluded in computing the time within

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3

which the trial must commence under 18 U.S.C. § 3161(c).

THEREFORE, IT IS ORDERED as follows:

1. That the defendant, Gabriel E. Silva, is declared incompetent to proceed ;

2. That pursuant to and subject to the provisions of 18 U.S.C. § 4241(d)(1), the

defendant is committed to the custody of the Attorney General for hospitalization and

treatment in a suitable facility for such a reasonable period, not to exceed four months,

to determine whether there is a substantial probability that in the foreseeable future the

defendant will attain the capacity to permit the proceedings to go forward;

3. That pursuant to 18 U.S.C. § 3161(h)(1)(A) and (4), the period of delay

resulting from these competency proceedings shall be excluded in computing the time

within which trial must commence under 18 U.S.C. § 3161(c); and

4. That the United States Marshal for the District of Colorado is authorized and

directed to transport the defendant to the Federal Bureau of Prisons for placement by

the Bureau of Prisons in a suitable facility for hospitalization and treatment as provided

in this order.

Dated December 15, 2011, at Denver, Colorado.

BY THE COURT:

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