U.S. v. AVERY

CRIM. ACTION NO. 3:96cr27-T.

328 F.Supp.2d 1269 (2004)

UNITED STATES of America v. Randy AVERY.

United States District Court, M.D. Alabama, Eastern Division.

August 3, 2004.


Attorney(s) appearing for the Case

Federal Defender, Federal Defenders, Middle District of Alabama, Barry Elvin Teague, Christine A. Freeman, Federal Defenders, Middle District of Alabama, Montgomery, AL, for Defendant.

Louis V. Franklin, Sr., U.S. Attorney's Office, Montgomery, AL, for Plaintiff.


ORDER

MYRON H. THOMPSON, District Judge.

The issue before the court in this criminal case is whether defendant Randy Avery is sufficiently mentally competent to allow proceedings to go forward on whether the conditions of his supervised release should be modified to include a mandatory psychological evaluation and mental-health treatment. For reasons that follow, the court holds that Avery is not sufficiently competent.

However, as a preface to how...

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