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16-10159 - USA v. Kelly

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16-10159 - USA v. Kelly
March 28, 2017
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Judge Allison D. Burroughs: ORDER entered ORDER entered. Order on Defendant's Competency to Stand in Trial: The Court adopts the 117 Report and Recommendations as to Danny M. Kelly (1)... the Court hereby commits the Defendant to the custody of the Attorney General. The Attorney General shall hospitalize the defendant for treatment in a suitable facility... The Court recommends that the Defendant be housed at the Federal Medical Center, Devens. The Court further orders the Bureau of Prisons to provide a report, within sixty days of entry of this Order, regarding (1) whether a substantial probability exists that in the foreseeable future the defendant will attain the capacity to permit the proceedings to go forward, and (2) if so, an approximation of the anticipated period required to enable the defendant to attain the capacity to permit the proceedings to go forward. It is further ordered that the period of delayresulting from the hospitalization of the defendant for the purposes described above and any subsequent judicial proceedings to determine the defendants competency shall be excluded from the computation of deadlines under the Speedy Trial Act, 18 U.S.C. ยง 3161(h)(1)(A). The Court refers the case to Kelley, M.J. for case management. (Attachments: # (1) Report and Recommendations) (Montes, Mariliz)