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07-20052 - USA v. Bauman


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07-20052 - USA v. Bauman
June 26, 2008
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MEMORANDUM AND ORDER as to Carl J. Bauman - IT IS THEREFORE ORDERED that pursuant to 18 U.S.C. § 4241(d), the Court finds by a preponderance of the evidence that defendant is presently suffering from a mental disease or defect which renders him incompetent to assist properly in his defense. IT IS FURTHER ORDERED that pursuant to 18 U.S.C. § 4241(d), the Court commits defendant to custody of the Attorney General to hospitalize him for treatment in a suitable facility for a reasonable period of time, not to exceed four months, as is necessary to determine whether there is substantial probability that in the foreseeable future he will attain capacity to permit the proceedings to go forward. IT IS FURTHER ORDERED that on or before October 24, 2008, the Attorney General shall report to the Court whether substantial probability exists that in the foreseeable future, defendant will attain capacity to permit the proceedings to go forward. Signed by Chief Judge Kathryn H. Vratil on 6/26/2008. (ck)
December 4, 2008
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MEMORANDUM AND ORDER overruling 39 Motion to Dismiss Indictment as to Carl J. Bauman (1). Pursuant to 18 U.S.C. § 4241(d), the Court commits defendant to custody of the Attorney General to hospitalize him for treatment in a suitable facility for a reasonable period of time, not to exceed four months, as is necessary to determine whether there is substantial probability that in the foreseeable future he will attain capacity to permit the proceedings to go forward. On or before January 9, 2008, the Attorney General shall report to the Court whether substantial probability exists that in the foreseeable future, defendant will attain capacity to permit the proceedings to go forward.The Clerk is directed to forward a copy of this order to the United States Marshal. Signed by Chief Judge Kathryn H. Vratil on 12/4/2008. (Certified order to USM). (ck )