Court filing
Order Granting Modification of Reporting Requirements — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards
No. 6:22-cr-00201-AGM-LHP · Doc. 145 · Docket on CourtListener
Full text
Case 6:22-cr-00201-AGM-LHP Document 145 Filed 03/28/24 Page 1 of 3 PageID 680
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
THIS CAUSE is before the Court on Defendant Evan Edwards’s Time-Sensitive
Motion for Modification of Order on Defendant’s Reporting Requirements (Doc. 139) and
the Government’s Response (Doc. 143) thereto.
On March 18, 2024, this Court found, by a preponderance of the evidence, that
Defendant is presently 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 this defense and ordered him to be
committed to the custody of the Attorney General pursuant to 18 U.S.C. § 4241(d)(1).
(Doc. 136 at 5). The Court further ordered Defendant to report to the designated facility
within seven days of the filing, by the Government, of a notice designating the facility. (Id.
at 6). The Government filed a Notice of BOP Designation and Voluntary Surrender Date
(Doc. 138) on March 22, 2024, stating that Defendant had been designated to report to
FMC Devens in Ayer, Massachusetts on April 8, 2024, 1 more than seven days after the
filing of the Notice. (Id. at 1).
1 The Court and parties have been informed by the United States Marshal Service
(“USMS”) that the surrender date is actually set for April 9, 2024.
Case 6:22-cr-00201-AGM-LHP Document 145 Filed 03/28/24 Page 2 of 3 PageID 681
On March 26, 2024, Defendant filed the instant Motion, seeking clarification of his
surrender date. (Doc. 139 at 2). Defendant has also informed the Court that he is unable
to arrange for transport to the designated facility and has requested that he be permitted
to surrender to the USMS for transport. (Id. at 3–4). The Government does not oppose
the request, but notes that a modification to permit transport by the USMS would likely
result in the need to extend the current surrender date to permit Defendant to provide the
necessary medical information to the USMS for transport and to allow the USMS to make
such arrangements. (Doc. 143 at 1–2).
Having read the parties’ briefing and being notified by the USMS of the necessary
arrangements required to facilitate transport, the Court finds that modification of the
March 18, 2024 Order is necessary. Therefore, it is ORDERED and ADJUDGED as
follows:
1. Defendant’s Time-Sensitive Motion for Modification of Order on Defendant’s
Reporting Requirements (Doc. 139) is GRANTED.
2. Paragraph 5 of the March 18, 2024 Order (Doc. 136) is AMENDED as follows:
The Government shall promptly file a notice advising Defendant and
the Court of a new surrender date, which shall be no sooner than
April 29, 2024, for FMC Devens or such other facility as may be
designated by the BOP. Upon the filing of such notice, Defendant
shall coordinate with the USMS to determine a date on which he shall
voluntarily surrender to the custody of the USMS for timely transport
to the designated facility. Defendant shall cooperate in the collection
of all necessary information by the USMS for the purposes of
obtaining medical clearance to be transported.
3. Defendant shall remain on pretrial release pending his surrender to the USMS
for transport.
4. The Government shall file a written response to Defendant’s Motion for
Reconsideration (Doc. 140) on or before April 5, 2024.
2
Case 6:22-cr-00201-AGM-LHP Document 145 Filed 03/28/24 Page 3 of 3 PageID 682
DONE AND ORDERED in Orlando, Florida on March 28, 2024.
Copies furnished to:
Counsel of Record
3
File and source
- File
- gov.uscourts.flmd.408844.145.0.pdf
- Size
- 145,092 bytes
- SHA-256
- 450723550022ead5cc4e6c1179ce7e162bf85829c1614a350b34aaa3154e8996
- Original
- PACER (login required)