USA v. Stewart
Criminal

District of Nebraska, ned-8:2004-cr-00444-32931

ORDER that defendant's attorney is authorized to retain a mental health professional to perform a presentence neuropsyhological evaluation of the defendant and to prepare a written report of the findings as to defendant Shawn A. Stewart. The US Marshal is directed to hold the defendant in the Douglas County, Nebraska - Council Bluffs, Iowa area until completion of the evaluation. The evaluation should be completed by 3/5/2010. Ordered by Chief Judge Joseph F. Bataillon. (1 Certified copy to USM)

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8:04-cr-00444-JFB-FG3 Doc # 59 Filed: 01/11/10 Page 1 of 2 - Page ID # 92 f"-E~~()\jR\ \) S. O\S1RiCJt.SRP.S"'~ IN THE UNITED STATE$ DISTRICT COUMcj'\H\C1 (\ "\! ~'3 FOR THE DISTRICT OF NEBRASKA 0 j~" \ \ t>n \ 1'­ C\..t.t\~ UNITED STATES OF AMERICA,) " Of 1\\'t.) 8:09CR28:iltt \(jt. Plaintiff,)) v.) ORDER) SHAWN A. STEWART,)) Defendant.) UNITED STATES OF AMERICA,)) 8:04CR444 Plaintiff,)) v.) ORDER) SHAWN A. STEWART,)) Defendant.) This matter is before the court on defendant's request for a neuropsychological evaluation pursuant to 18 U.S.C. § 3552(c). There is evidence that the defendant has sustained a closed head injury that might have: altered his behavior. His condition may be I. relevant to disposition, treatment in the Bureau pf, Prisons and conditions for his supervised release. The court agrees that a neuropsych~logicai evaluation is necessary in this case I and will be of assistance to the court at sentem}ing. The Bureau of Prisons has requested i that this examination be conducted by the priv,te sector due to the backlog at the Bureau of Prisons currently being experienced for co~rt-ordered evaluations. I The court agrees that a neurOPSycholoqicai evaluation should be conducted in this case. The court further finds that such examihation should be conducted by the private sector, and the court is of the opinion that such cost will be approximately $2,500.00. Defendant is represented by CJA appointment. and thus such examination shall be paid from the CJA funds. 8:04-cr-00444-JFB-FG3 Doc # 59 Filed: 01/11/10 Page 2 of 2 - Page ID # 93 THEREFORE, IT IS ORDERED: 1. The defendant's attorney is authQrized to retain a mental ~ealth professional to perform a presentence neuropsychological evaluation of the defendant and to prepare a written report of the findings. 2. The evaluation should include ~ general psychological profile as well as testing for the existence of identified organic and nonorganic neurological deficits. 3. The report shall include the infdrmation required pursuant to 18 U.S.C. § 4247(c). If the report includesl an opinion by the examiners that the defendant is presently suffering from a mental disease or defect but that it is not such as to require his c4stody for care or treatment in a suitable facility, the report shall also inclYde an opinion by the examiner concerning the sentencing alternatives that ¢auld best accord the defendant the kind of treatment he does need. 4. The United States Marshal is dir~cted to hold the defendant in the Douglas County, Nebraska - Council Bluffs, Iowa area until completion of the defendant's evaluation. 5. The defendant's attorney is directed to notify the United States Marshal when the defendant's evaluation is cotnplete. 6. The evaluation should be compl~ted on or before March 5,2010. i 7. Upon receipt of the evaluation ireport but in no event less than 30 days before the defendant's schedule~ sentencing, the defendant's attorney shall provide a copy of the report to ttile United States Attorney. DATED this ~day of January, 2010. BY THE COURT: Authorization to incur the foregoing services und~r 18 U.S.C. § 3006A(e)(e) is approved "2., >~ .;;l.d;}/~ 2