Order Granting the 53 Motion for Psychiatric Exam as to Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 55, N.D. Ga. No. 1:22-cr-00171)

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U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00171-MLB-RDC · Doc. 55 · 2023-05-05 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT  
FOR THE NORTHERN DISTRICT OF GEORGIA  
ATLANTA DIVISION  
 
  
 
UNITED STATES OF AMERICA 
 
 
 
 
 
 
 
v. 
 
 
 
 
 
 
 
 
CARL DELANO TORJAGBO, 
 
 
Defendant.  
 
 
 
 
 
CRIMINAL ACTION NO. 
1:22-cr-00171-MLB-RDC-1 
 
 
 
 
 
       ORDER 
This matter is before the Court on Government's Motion for Psychiatric 
Examination in accordance with 18 U.S.C. § 4242 and Federal Rules of 
Criminal Procedure 12.2(c). This Court finds there is reasonable cause to 
believe Defendant presently may be suffering from a mental disease or defect 
rendering him mentally incompetent to the extent that he is unable to 
understand the nature and consequences of the proceedings against him or to 
assist properly in his defense and recommends that an evaluation be conducted 
of defendant pursuant to 18 U.S.C. § 4242. 
This Court ORDERS that Defendant Torjagbo be committed to the 
custody of the Attorney General for placement in a suitable facility for a period 
Case 1:22-cr-00171-MLB-RDC     Document 55     Filed 05/05/23     Page 1 of 3

 
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not to exceed thirty (30) days and ORDERS that a psychiatrist or 
psychological examination be conducted of defendant at such facility and a report 
prepared in accordance with 18 U.S.C. § 4247(c) to determine whether the 
defendant presently is suffering from a mental illness which renders him 
unable to comprehend the nature and consequences of the proceedings against 
him or reasonably assist in his defense.  
IT IS FURTHER ORDERED that the psychologist or psychiatrist 
conducting the examination (the "examiner") shall not question the defendant 
in any matter that does not pertain in the examiner's judgment to competency, 
such as the facts surrounding the offenses charged unless in the examiner's 
judgment such matters must be explored to assess competency. 
IT IS FURTHER OREDERED that the examiner has access to any 
medical, forensic and psychological files within the possession of the facility 
at which Defendant is currently housed, the U.S. Bureau of Prison, the 
prosecutor's office, or defense counsel's office. 
IT IS FURTHER ORDERED that upon completion of the 
examination, a written report of the findings of the facility housing 
Defendant Torjagbo is to be furnished to the Court, counsel for Defendant, 
and counsel for the Government. This report, examination and evaluation is 
to be confidential and is not to be released by the parties except upon further 
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order of this Court. Furthermore, upon completion of said evaluation, 
Defendant Torjagbo shall be transported back to the Northern District of 
Georgia, to an appropriate pretrial detention facility. 
The Court, having found that the ends of justice by taking such action, 
outweigh the best interest of the public and Defendant in a speedy trial, 
DIRECT the Clerk to exclude the period of delay from computation under the 
Speedy Trial Act, pursuant to Title 18, U.S.C., Section 3161 (h)(7)(A).
The Clerk is DIRECTED to serve a copy of this Order on Defendant's 
counsel, counsel for the Government, the United States Marshals Service and the 
United States Probation Office. 
 
IT IS SO ORDERED on this 5th day of May, 2023.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
REGINA D. CANNON 
 
 
 
 
 
 
 
United States Magistrate Judge  
  
 
 
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