United States v. Avery

ORDER

MYRON H. THOMPSON, District Judge.

The issue before the court in this criminal case is whether defendant Randy Avery is sufficiently mentally competent to allow proceedings to go forward on whether the conditions of his supervised release should be modified to include a mandatory psychological evaluation and mental-health treatment. For reasons that follow, the court holds that Avery is not sufficiently competent.

However, as a preface to how this holding was reached, the court notes that two circumstances lift this case out of the ordinary: First, federal law fails to give direct guidance…