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Order, Defendant's Competency — United States v. Edwards (M.D. Fla., Document 72, February 13, 2023)

Summary

Order dated February 13, 2023 in United States v. Joshua Edwards (Middle District of Florida, Document 72) on the defendant's competency. It recites that Dr. Jeffrey Danziger submitted a report on February 2, 2023 opining that Joshua Edwards is feigning his condition and malingering and is competent to proceed, and that defense counsel objected and requested an additional examination. The Court finds reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect, grants the oral motion for a second competency evaluation, and commits the defendant to the custody of the Attorney General for a term not to exceed thirty (30) days. The Order to Show Cause (Doc. No. 63) is discharged.

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“Order, Defendant's Competency — United States v. Edwards (M.D. Fla., Document 72, February 13, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-united-states-v-joshua-edwards-dkt-72-m-d-fla-dca7075e6a/, SHA-256 75b7926601c7d50b81520b7eebf727a75694d8145ef897b5ec48594baa4c046a.

Full text

Case 6:22-cr-00201-WWB-LHP Document 72 Filed 02/13/23 Page 1 of 4 PageID 305




                       UNITED STATES DISTRICT COURT
                         MIDDLE DISTRICT OF FLORIDA
                                ORLANDO DIVISION

   UNITED STATES OF AMERICA

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

   JOSHUA EDWARDS



                                          ORDER

         On December 7, 2022, a grand jury returned an indictment charging

   Defendant Joshua Edwards with one count of conspiracy to commit bank fraud, one

   count of bank fraud, one count of making a false statement to a lending institution,

   and one count of visa fraud, in violation of 18 U.S.C. § 1349, 18 U.S.C. § 1344, 18

   U.S.C. § 1014, and 18 U.S.C. § 1546(a), respectively. Doc. No. 1. Joshua Edwards

   was arrested on December 14, 2022, and an initial appearance proceeding pursuant

   to Fed. R. Crim. P. 5 was conducted before United States Magistrate Judge David A.

   Baker that same day. Doc. No. 9, 11.

         During the course of the Rule 5 proceedings, Magistrate Judge Baker

   determined that there was a question as to Joshua Edward’s mental competency to

   proceed. Doc. Nos. 9, 14. Accordingly, Magistrate Judge Baker continued the

   Rule 5 proceedings, provisionally appointed counsel pursuant to the Criminal

   Justice Act, appointed Dr. Jeffrey Danziger to examine Defendant pursuant to 18
Case 6:22-cr-00201-WWB-LHP Document 72 Filed 02/13/23 Page 2 of 4 PageID 306




   U.S.C. §§ 4241 and 4247(b), and ordered Joshua Edwards temporarily detained.

   Doc. Nos. 9, 16, 19.

         On February 2, 2023, Dr. Danziger submitted his expert report, in which he

   opines that Joshua Edwards is feigning his condition and malingering, and that he

   is competent to proceed. Doc. No. 70 (filed under seal). The Court held a status

   conference with counsel today, February 13, 2023, to discuss Dr. Danziger’s report

   and further proceedings.     Doc. Nos. 68-69.    During the status conference, the

   United States expressed its agreement with Dr. Danziger’s report, while counsel for

   Joshua Edwards voiced objection to the report.         Doc. No. 69.      Counsel for

   Defendant also requested an additional examination to further assess Joshua

   Edwards’ competency.        Id.   The United States did not object to a second

   examination, and both sides agreed that Joshua Edwards should be committed to

   the custody of the Attorney General to conduct the evaluation. Id.; see also 18 U.S.C.

   §§ 4247(b) and (c); United States v. McDonald, Crim. No. 09-656-01-(SDW), 2012 WL

   4659242 (D. N.J. Oct. 1, 2012).

         Accordingly, upon consideration of the report of Dr. Danziger’s report and

   the argument of counsel at today’s status conference, it is hereby ORDERED as

   follows

         1.     The Court finds that there is reasonable cause to believe that Joshua

   Edwards may presently be suffering from a mental disease or defect rendering him



                                            -2-
Case 6:22-cr-00201-WWB-LHP Document 72 Filed 02/13/23 Page 3 of 4 PageID 307




   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.

   See 18 U.S.C. § 4241(a).

          2.    Joshua Edward’s oral motion for a second competency evaluation is

   GRANTED. Joshua Edwards is committed to the custody of the Attorney General

   for placement in a suitable facility to conduct a psychiatric or psychological

   examination of Joshua Edwards, and to prepare and submit to the Court and all

   parties a psychiatric or psychological report assessing “whether [Joshua Edwards]

   is 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 hm or to assist properly in his defense.” 18 U.S.C. §§ 4247(b),

   (c).   See also 18 U.S.C. §§ 4241(b).   The term of commitment shall be for a

   reasonable period, not to exceed thirty (30) days.     18 U.S.C. § 4247(b).    The

   Attorney General may request, on motion to the Court, an additional reasonable

   period of time for evaluation, not to exceed fifteen (15) days, upon a showing of

   good cause that the additional time is necessary to observe and evaluate Joshua

   Edwards. Id.

          3.    The Clerk is DIRECTED to provide a copy of this Order to the United

   States Marshals Service. It is ORDERED that the United States Marshals Service

   shall promptly advise the Court and counsel for the parties once the Attorney



                                           -3-
Case 6:22-cr-00201-WWB-LHP Document 72 Filed 02/13/23 Page 4 of 4 PageID 308




   General has designated a facility for Joshua Edwards’ evaluation. Because Joshua

   Edwards remains detained, the United States Marshal is further DIRECTED to

   transport Joshua Edwards to the designated facility.

         4.     If the Bureau of Prisons’ and the designated facility’s policies and

   procedures permit, the designated facility shall notify Joshua Edwards’ counsel of

   the date of the evaluation, and allow him to attend all or a portion of the evaluation.

   The Court is not directing the facility to change or modify any of its policies or

   procedures to afford such an accommodation – it is entirely at the discretion of the

   facility and if the applicable policies and procedures permit.

         5.     The Order to Show Cause (Doc. No. 63) is hereby DISCHARGED.

         DONE and ORDERED in Orlando, Florida on February 13, 2023.




   Copies furnished to:

   United States Marshal
   United States Attorney
   Counsel for Defendant




                                            -4-

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