Notice Regarding Competency of Defendant — United States v. Emmet Bowens (Dkt. 68)

Summary

Document 68, filed July 1, 2022 in Case No. 6:21-cr-141-RBD-EJK in the U.S. District Court for the Middle District of Florida, Orlando Division, is the United States' Notice Regarding Competency of Defendant in United States of America v. Emmet Bowens, filed in response to Doc. 55. The government says it reviewed Dr. Danziger's report, submitted June 27, 2022, and does not contest its findings on the defendant's mental competency. It asks the Court to find that he is presently suffering from a mental disease or defect rendering him mentally incompetent and to commit him to the custody of the Bureau of Prisons under 18 U.S.C. § 4241(d) to undergo restorative competency. It states it does not intend to present evidence beyond the report.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Notice Regarding Competency of Defendant — United States v. Emmet Bowens (Dkt. 68).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-68-0-81ccf8fd8e/, SHA-256 3692ad3d8360c31ba13e1ec8393c47a41985dd8d6ba18998d783ff258df28fb9.

Full text

Case 6:21-cr-00141-RBD-NWH Document 68 Filed 07/01/22 Page 1 of 4 PageID 212

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA

v. Case No. 6:21-cr-141-RBD-EJK

EMMET BOWENS

NOTICE REGARDING COMPETENCY OF DEFENDANT

The United States, by and through its undersigned counsel, hereby files its

notice with the Court in response to the Court’s order at Doc. 55. The United States

has reviewed the report from Dr. Danziger, submitted to this Court on June 27, 2022.

The United States does not contest the findings in Dr. Danziger’s report regarding the

defendant’s mental competency. The United States requests that the Court find that

the 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 his defense, and

commit the defendant to the custody of the Bureau of Prisons pursuant to 18 U.S.C. §

4241(d) to undergo restorative competency.

PROCEDURAL HISTORY

On November 10, 2021, a federal grand jury returned an indictment charging

the defendant with wire fraud, in violation of 18 U.S.C. § 1343 (Counts One and Two)

and Money Laundering, in violation on 18 U.S.C. § 1957 (Count Three through Six).

Doc. 1. The defendant was arrested on December 2, 2021, Doc. 9.
Case 6:21-cr-00141-RBD-NWH Document 68 Filed 07/01/22 Page 2 of 4 PageID 213

On May 6, 2022, the defendant filed an unopposed Motion For Hearing And

Out-Patient Examination To Determine Mental Competency. Doc. 47. The Court

granted this motion on May 16, 2022 and appointed Dr. Jeffrey A. Danziger to

conduct the competency evaluation. Docs. 52, 55. Dr. Danziger’s completed report

was submitted to this Court under seal on June 27, 2022.

MEMORANDUM OF LAW

Pursuant to 18 U.S.C. § 4241(d):

If, after the hearing, the court finds by a preponderance of the evidence that the
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 his
defense, the court shall commit the defendant to the custody of the Attorney
General . . .

In light of the findings in Dr. Danziger’s report, the United States does not

intend to present evidence in addition to Dr. Danziger’s report and does not contest

the findings in Dr. Danziger’s report with regard to the defendant’s mental

competency.

CONCLUSION

Based on the foregoing, the United States respectfully requests that the Court

find that the 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 his defense and

2
Case 6:21-cr-00141-RBD-NWH Document 68 Filed 07/01/22 Page 3 of 4 PageID 214

commit the defendant to the custody of the Bureau of Prisons pursuant to 18 U.S.C. §

4241(d) to undergo restorative competency.

Respectfully submitted,

ROGER B. HANDBERG
United States Attorney

By: /s/ Amanda S. Daniels
AMANDA S. DANIELS
Assistant United States Attorney
Florida Bar No. 111444
400 W. Washington St., Suite 3100
Orlando, Florida 32801
Telephone: (407) 648-7500
Facsimile: (407) 648-7643
E-mail: amanda.daniels@usdoj.gov

3
Case 6:21-cr-00141-RBD-NWH Document 68 Filed 07/01/22 Page 4 of 4 PageID 215

U.S. v. EMMET BOWENS Case No. 6:21-cr-141-RBD-EJK

CERTIFICATE OF SERVICE

I hereby certify that on July 1, 2022, I electronically filed the foregoing with the

Clerk of the Court by using the CM/ECF system which will send a notice of electronic

filing to the following:

Andrew Seale, Esq.

File and source

File: gov.uscourts.flmd.396523.68.0.pdf
Size: 106,039 bytes
SHA-256: 3692ad3d8360c31ba13e1ec8393c47a41985dd8d6ba18998d783ff258df28fb9
Our copy: gov.uscourts.flmd.396523.68.0.pdf
Original: No public link identified.