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Order Directing Response to Renewed Motion for Release on Bond — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards

Summary

Order in United States v. Evan Edwards, Orlando Division of the Middle District of Florida, directing a response to a renewed motion for release on bond. It notes that on July 2, 2023, the Federal Medical Center in Devens, Massachusetts, issued a report on whether the defendant is competent to stand trial, which opines that he is not competent and that restoration would not be effective. The government must respond to the renewed motion and request for detention hearing by July 27, 2023. By that deadline both sides must also file a joint notice on whether competency remains contested and what further proceedings are requested. The Court says the deadlines will not be extended absent exigent circumstances.

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“Order Directing Response to Renewed Motion for Release on Bond — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards.” Original at ecf.flmd.uscourts.gov, No. 6:22-cr-00201-AGM-LHP, Doc. 100. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-evan-edwards/2023-07-20-order-renewed-motion-dkt-100/, SHA-256 02b7f2c5de74acd936337d9b81aa82cc4bd81a3f135e0493d6c8f63e4ef5f3a2.

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Case 6:22-cr-00201-AGM-LHP Document 100 Filed 07/20/23 Page 1 of 2 PageID 416

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA

VS. CASE NO: 6:22-cr-201-WWB-LHP

EVAN EDWARDS

ORDER

On July 2, 2023, the United States Federal Bureau of Prisons, Federal Medical

Center in Devens, Massachusetts, issued a report pursuant to 18 U.S.C. §§ 4241(b),

4247(b), (c) concerning whether Defendant Evan Edwards is competent to stand

trial. (Doc. No. 98, filed under seal). The report opines that Defendant is not

competent to proceed, and that restoration would not be effective. Id., see also 18

U.S.C. § 4241(d). The report has been provided to counsel for both sides. In

addition, Defendant has now filed a renewed motion for release on bond and

request for detention hearing. Doc. No. 99.

Accordingly, the United States is DIRECTED to file a response to the

renewed motion for release on bond and request for detention hearing (Doc. No.

99), on or before July 27, 2023. By this same July 27, 2023 deadline, both the United

States and Defendant are DIRECTED to file a joint notice stating (1) whether the

question of Defendant’s competency remains contested, and if so, what further
Case 6:22-cr-00201-AGM-LHP Document 100 Filed 07/20/23 Page 2 of 2 PageID 417

proceedings are requested, or (2) if competency is not in dispute, whether the

proceedings of 42 U.S.C. §§ 4246 and 4248 apply, and if not, what other proceedings

are requested. Given the length of time that this case has been pending and that

Defendant has remained in custody, these deadlines will not be extended absent a

showing of exigent circumstances.

DONE and ORDERED in Orlando, Florida on July 20, 2023.

Copies furnished to:

United States Attorney
Counsel for Defendant

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