IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

CASE NO. 11-cr-00431-WYD

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. QUINCY DUPRE DRAKE,

Defendant.

______________________________________________________________________________

MOTION TO DETERMINE COMPETENCY OF DEFENDANT

______________________________________________________________________________

COMES NOW the Defendant, Quincy Dupre Drake, by and through his attorney, Robert

W. Pepin, Assistant Federal Public Defender, and moves pursuant to 18 U.S.C. § 4241 for a

hearing to determine the mental competency of the Defendant, and also moves that a psychiatric

or psychological examination of the Defendant be conducted and the psychiatric or

psychological report be filed with the Court pursuant to provisions of 18 U.S.C. § 4247(b) and

(c) and as grounds therefore states as follows:

1. Undersigned counsel states there is reasonable cause to believe that the Defendant

is presently suffering from a mental disease or defect rendering him mentally incompetent to the

extent he is unable to fully understand the nature and consequences of the proceedings against

him and/or assist properly in his defense.

2. The Defendant is charged with possession of a firearm by a prohibited person in

violation of 18 U.S.C. § 922(g)(1). Before further proceedings in this case the Defendant needs

to be evaluated for competency pursuant to the provisions of 18 U.S.C. § 4241 and consistent

with the provisions of 18 U.S.C. § 4247(b) and (c).

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3. The defense requests that Mr. Drake remain at the Federal Detention Center and

that the mental health examination be conducted there in that it is not necessary for the

Defendant be sent off to some other “suitable facility” for purposes of the examination. 

4. Defense counsel and Assistant U.S. Attorney Kurt Bohn discussed asking the

Court to appoint Dr. Susan Bograd to conduct the competency evaluation however she has a

conflict in this case. The defense suggests Dr. Karen Fukutaki, M.D. conduct the evaluation

although Mr. Bohn was not in when called with this suggested name. He may or may not agree

with this suggestion. Dr. Fukutaki’s telephone number is (303) 667-3249. 

WHEREFORE, the Defendant prays for an Order that the Defendant be evaluated for

competency pursuant to 18 U.S.C. § 4241 consistent with the provisions of 18 U.S.C. § 4247(b)

and (c) and to thereafter set the matter for a competency hearing and for such other and further

relief that is just and proper.

Respectfully submitted,

RAYMOND P. MOORE

Federal Public Defender

s/ Robert W. Pepin 

ROBERT W. PEPIN 

Office of the Federal Public Defender

633 - 17 Street, Suite 1000 th

Denver, Colorado 80202

Telephone: (303) 294-7002

FAX: (303) 294-1192

E-mail: Robert_Pepin@fd.org

Attorney for Defendant

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CERTIFICATE OF SERVICE

I hereby certify that on October 29, 2012, I electronically filed the foregoing 

MOTION TO DETERMINE COMPETENCY OF DEFENDANT

with the Clerk of Court using the CM/ECF system which will send notification of such filing to

the following e-mail addresses:

Kurt Bohn, Assistant U.S. Attorney

Kurt.Bohn@usdoj.gov

and I hereby certify that I have mailed or served the document or paper to the following non

CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant’s

name:

Quincy Drake (U.S. Mail)

s/ Robert W. Pepin 

ROBERT W. PEPIN 

Assistant Federal Public Defender

Attorney for Defendant

633 - 17 Street, Suite 1000 th

Denver, Colorado 80202

(303) 294-7002

(303) 294-1192

Robert_Pepin@fd.org

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