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United States v. Britt

United States District Court, M.D. Georgia, Columbus Division

April 2, 2019

UNITED STATES OF AMERICA,
v.
FABIAN LAMAR BRITT, Defendant.

          ORDER

          LESLIE A. GARDNER, JUDGE UNITED STATES DISTRICT COURT

         Before the Court are Defendant Fabian Lamar Britt's Motion for a Psychological/Psychiatric Exam (Doc. 20) and Unopposed Motion for Continuance in the Interest of Justice (Doc. 21). For the reasons stated below, both Motions are GRANTED.

         On January 9, 2019, Defendant was indicted and charged with two counts of Mailing Threatening Communications. (Doc. 1.) On February 28, 2019, he was arraigned and entered a plea of not guilty. (Docs. 11, 12.)

         I. Motion for Psychological/Psychiatric Evaluation

         In the Motion for a Psychological/Psychiatric Evaluation, Defendant's counsel requests the Court to order a mental health evaluation of Defendant. (Doc. 20.) Based on her discussions with Defendant and her review of “the discovery, prior offenses, and prior presentence reports, ” counsel believes that Defendant has, and has long had, “serious psychological and mental health problems.” (Id. at 2.) Defendant's counsel asks that the evaluation determine if Defendant is presently suffering from a mental disease or defect rendering him unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. (Id.) Counsel also requests a competency hearing after the evaluation is completed. (Id.) The Government does not oppose this Motion. (Id.)

         Upon review, Defendant's motion is GRANTED. Accordingly, the Court ORDERS the following:

         Defendant Fabian Lamar Britt is hereby ORDERED to submit to a psychiatric examination pursuant to 18 U.S.C. § 4241(b). It is further ORDERED pursuant to 18 U.S.C. § 4247 (b) and (c):

         1. That at least one licensed psychiatrist or psychologist-to be designated by the Bureau of Prisons-be, and hereby is, appointed, authorized, and directed by the Court to examine the mental condition of Defendant and to return a psychological or psychiatric report to the Court, counsel for Defendant, and counsel for the Government;

         2. That the report shall include:

a. The Defendant's history and present symptoms;
b. A description of the psychiatric, psychological, and medical tests that were employed and their results;
c. The examiner's findings;
d. The examiner's opinions as to diagnosis, prognosis and-
i. whether Defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequence of the proceedings ...

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