Case 4:12-cr-00155-RAS-DDB Document 26 Filed 12/13/12 Page 1 of 2 PageID #: 142
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
UNITED STATES OF AMERICA §
§ CRIMINAL NO: 4:12cr155
ORDER RESETTING FINAL PRETRIAL CONFERENCE
AND COMPETENCY HEARING
On this day the court conducted a telephone conference call with counsel for the
Government and counsel for the Defendant regarding the mental exam of the Defendant to
determine his competency for trial. The court has been informed today by the U.S. Marshal that
the August 31, 2012 Order directing the United States Marshal to transport the Defendant to a
suitable facility for a competency exam was never received by the Marshals Service. The reason
the electronic notification system did not transmit a copy of the Order to the Marshals Service was
fully discussed with counsel during today’s telephone conference. Nevertheless, the Marshals
Service is now aware of the Order and has informed the court that the Defendant will be
transported to a suitable Federal Bureau of Prisons facility for a mental competency exam as soon
as possible. However, as a result, the court and the attorneys recognize that the January 7, 2013
final pretrial setting is now too soon and must be rescheduled. In order to give the Bureau of
Prisons time to conduct its examination, the court hereby CONTINUES the Final Pretrial
Conference and Competency Hearing until Monday, March 4, 2013 at 9:00 a.m.
Case 4:12-cr-00155-RAS-DDB Document 26 Filed 12/13/12 Page 2 of 2 PageID #: 143
Further, the court finds, and counsel for both sides agree, that pursuant to 18 U.S.C. Sec.
3161(h)(1)(A), this delay is excludable in computing the time within which the trial of this case
must be commenced.