USA v. Lee, et al

3:25-cr-00018Tned21 apr 2026

Testo completo

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 3:25-CR-18-KAC-JEM
)
KRISTOPHER JONES, 	)
)
Defendant. 	)
)
ORDER OF COMMITMENT FOR
MENTAL EXAMINATION AND EVALUATION
This case is before the Court pursuant to 28 U.S.C. § 636(b), for disposition or
recommendation as appropriate, and Order of Referral [Doc. 169 SEALED]. The parties appeared
before the undersigned on April 21, 2026, for a motion hearing on Defendant’s Motion for
Psychiatric or Psychological Examination to Determine Mental Competency [Doc. 168 SEALED].
Assistant United States Attorney Kevin Quencer appeared on behalf of the Government. Attorney
Rachel L. Wolf represented Defendant Kristopher Jones, who was also present.
In the sealed motion, Defendant asks the Court for a psychiatric or psychological
examination to determine his mental competency to proceed with sentencing [Id.]. Attorney Wolf
offered additional information at the hearing regarding Defendant’s recent medical procedure that
she believes further supports the request.
AUSA Quencer stated at the hearing that the Government took no position on the request
and acknowledged a determination of whether a competency evaluation is warranted is within the
sound discretion of the Court. AUSA Quencer did express that Defendant is a key witness for the
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Government in the trial set in this case for July 7, 2026, and that Defendant’s absence would be
problematic for the Government.
Based upon the information in the motion and the statements of the parties at the hearing,
the Court finds that reasonable cause exists to believe that Defendant Jones may presently be
suffering from a mental disease or defect that renders 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. 18 U.S.C. § 4241(a). Accordingly, the Court GRANTS the Defendant’s
motion [Doc. 168 SEALED] to undergo a competency evaluation and will set a competency
hearing.
The Court hereby ORDERS, pursuant to Title 18, sections 4241(b) and 4247(b)–(c) of the
United States Code, as follows:
(1) Defendant shall remain in custody to await designation for
confinement in a suitable facility for the purpose of conducting a
psychiatric and/or psychological examination by one or more
licensed or certified psychiatric and clinical psychologists. After
designation of the facility is received, the United States Marshals
Service 	shall 	notify 	counsel 	for 	both 	parties 	promptly. 	The
Government then SHALL FILE a notice of designation in the
record to alert the Court.
(2) The purpose of the evaluation shall be for one or more licensed
or certified psychiatrists and/or clinical psychologists to conduct
psychiatric and psychological examinations of Defendant for the
purpose of determining whether Defendant 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 him or to assist properly in his defense.
(3) Pursuant to Rule 12.2(c), Defendant is to submit to such
examinations as ordered above.
(4) 	Defendant 	shall 	be 	given 	any 	necessary 	medications 	if
determined appropriate by the medical staff at the facility. The
record reflects that Defendant has not taken previously prescribed
mental health medications for some time and is uncertain what
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medication is needed or the correct dosage. In this regard, the facility
is asked to evaluate a suitable medication regime for Defendant and
to place him on the proper medication for his mental health if
appropriate.
(5) 	The examiner and/or examiners designated to conduct such
examinations shall, pursuant to Title 18, United States Code, Section
4247(c), file with the Court, as soon as possible after the completion
of such examinations, a report of their examinations with copies
provided to counsel for Defendant and counsel for the United States,
and said report shall include:
(a) Defendant’s history and present symptoms;
(b) a description of the psychiatric, psychological and
medical tests that were employed and their results;
(c) the examiner’s findings;
(d) the examiner’s opinions as to diagnosis and prognosis,
and
(e) the examiner’s opinion as to whether Defendant 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 him or to assist properly in his defense.
(6) Pursuant to Title 18, Section 4247(b), of the United States Code,
Defendant shall be committed to the custody of the Attorney
General for the purpose of such examinations for a reasonable
period not to exceed THIRTY (30) DAYS, unless otherwise
ordered by the Court.
(7) Defendant shall be FORTHWITH RETURNED to the custody
of the United States Marshals Service immediately following the
completion of the evaluation or the expiration of the thirty (30)-day
period, or any reasonable extension of that period, whichever is
sooner.
(8) A competency hearing is set for June 4, 2026, at 10:00 a.m. If
Defendant has returned and the Court has received the forensic
report prior to this time, the Court may schedule a competency
hearing on an earlier date. If Defendant has not returned or the Court
has not received the forensic report by this date, then the matter will
proceed as a status conference.
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(9) The United States Marshal shall notify counsel for both parties
and the undersigned’s office promptly when Defendant returns to
this jurisdiction from the mental evaluation. If Defendant has
returned in time, the United States Marshals Service shall bring him
to the June 4, 2026 competency hearing.
(10) Counsel for Defendant Jones is DIRECTED to provide the
evaluating mental health provider with a copy of the motion [Doc.
168 SEALED] and copies of the Defendant’s medical, mental
health, and educational records in counsel’s possession or that
counsel receives during the pendency of the evaluation.
(11) The Clerk of Court is DIRECTED to serve copies of this order
on counsel of record and to serve three certified copies on the United
States Marshals Service.
IT IS SO ORDERED.
ENTER:
__________________________________
Jill E. McCook
United States Magistrate Judge
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