Information — United States v. Shibley (Dkt. 62, W.D. Wash. No. 2:20-cr-00174)

Record facts

U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 62 · 2020-11-25 · Docket on CourtListener

Full text

ORDER 
CR20-0174-JCC 
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THE HONORABLE JOHN C. COUGHENOUR 
UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF WASHINGTON 
AT SEATTLE 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
v. 
ERIC SHIBLEY, 
 
Defendant. 
CASE NO. CR20-0174-JCC 
ORDER 
 
This matter comes before the Court on Defendant Eric Shibley’s motion for a 
competency evaluation (Dkt. No. 52) and appeal of Magistrate Judge Peterson’s detention order 
(Dkt. No. 59). The Government does not oppose the evaluation. (See Dkt. No. 57.) Having 
thoroughly considered the parties’ briefing, argument of counsel, and the relevant record, the 
Court hereby GRANTS the motion for a competency evaluation and STAYS consideration of 
Mr. Shibley’s appeal of the detention order for the reasons explained herein. 
Based on the information presented by Counsel for Mr. Shibley in Docket #52 and 
Docket #53, as well as Counsel for Defendant’s statements at the November 16, 2020 status 
conference, the Court finds that there is reasonable cause to believe that Mr. Shibley may 
presently be suffering from a mental disease or defect that renders him unable to assist properly 
in his defense or to understand the nature and consequences of the proceeding against him. See 
18 U.S.C. § 4241(a). Therefore, a period of delay is necessary to determine the mental 
Case 2:20-cr-00174-JCC     Document 62     Filed 11/25/20     Page 1 of 2

 
ORDER 
CR20-0174-JCC 
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competency of the Defendant. It is hereby ORDERED that:  
1. Mr. Shibley shall be examined at the Federal Detention Center in SeaTac, 
Washington, by an expert designated by the Bureau of Prisons within 30 days of the 
date of this order, and a report shall be filed with the Court and provided to the parties 
pursuant to 18 U.S.C. § 4247(c).   
2. The December 14, 2020 jury trial is VACATED and CONTINUED to a date to be set 
by the Court following the determination as to Mr. Shibley’s competency. 
3. The period of time from the date the Court directed the parties to address this issue, 
November 16, 2020, until the date the Court determines whether Mr. Shibley is 
competent, is excludable time under the Speedy Trial Act because it is “delay 
resulting from any proceeding, including any examination[], to determine the mental 
competency . . . of the defendant.” 18 U.S.C. § 3161(h)(1)(A).   
4. The Court STAYS consideration of Mr. Shibley’s appeal from Magistrate Judge 
Peterson’s detention order (Dkt. No. 59) and will address this issue after Mr. 
Shibley’s competency evaluation is completed. 
 
DATED this 25th day of November 2020. 
A  
John C. Coughenour 
UNITED STATES DISTRICT JUDGE 
 
Case 2:20-cr-00174-JCC     Document 62     Filed 11/25/20     Page 2 of 2

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