USA v. Gregos-Gutierrez
ORDER - The stay of these proceedings is lifted. An Updated Risk Assessment report shall be filed on or before 11/15/2021. Signed on 10/1/21 by Magistrate Judge David P. Rush. (DO)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
UNITED STATES OF AMERICA,
Before the Court is the Government’s Petition to Determine Present Mental Condition of an
Imprisoned Person pursuant to 18 U.S.C. § 4246. On February 18, 2021, Defendant filed a Motion to
Dismiss, wherein he requested “all deadlines and evaluations held in abeyance pending disposition.”
(Doc. 17.) On September 28, 2021, the motion to dismiss was denied. (Doc. 36.) Accordingly, the
stay of these proceedings is hereby lifted.
To rule on the underlying petition, the Court must now determine whether Defendant is
“presently” suffering from a mental disease or defect. 18 U.S.C. § 4246(d). The most recent Risk
Assessment Report is based on an evaluation which ended on January 6, 2021. (Doc. 16-1.) Because
this evaluation took place nearly nine months ago, the undersigned is unable to make a
recommendation based on the existing record. It is therefore ORDERED that the Government shall
conduct an additional psychological examination of Defendant and prepare an updated report, to be
filed on or before November 15, 2021.
IT IS SO ORDERED.
/s/ David P. Rush
DAVID P. RUSH
UNITED STATES MAGISTRATE JUDGE
DATE: October 1, 2021
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