govinfo:USCOURTS-cod-1_15-cr-00113-4

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLORADO 
 
Criminal Case No. 1:15-cr-0113 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
2.  THOMAS JAY LUCERO 
3.  THOMAS MCQUOWN, 
 
Defendants. 
 
 
ORDER SETTING HEARING ON RENEWED MOTION FOR DETERMINATION 
OF COMPETENCY 
 
 
Before me is Defendant McQuown’s Renewed Motion for Determination of 
Competency to Stand Trial (Doc. 126).  At the hearing held on December 4, 2015, 
I found that Defendant McQuown was malingering on the basis of the 
evaluations of Defendant performed by Drs. Fukutaki and Micono.  See Doc 68-1 
at 11; Micono Report at p. 28.   Pursuant to F.R.E. 706(a), I intend to appoint Dr. 
Jane Wells (2669 Spruce Street, Suite 202, Boulder, CO 80302, 303-546-9699) 
to further evaluate the Defendant’s competency to stand trial.  Dr. Wells will be 
paid using CJA funds pursuant to F.R.E. 706(c)(1).            
In addition, the Final Trial Prep Conference currently set for 10:00 a.m. on 
Tuesday, May 3, 2016 is converted to a hearing on (1) Defendant McQuown’s 
Renewed Motion for Determination of Competency to Stand Trial (Doc. 126) and 
(2) Defendant McQuown’s Motion to Continue (Doc. 125).  In light of the above, 
Case No. 1:15-cr-00113-RBJ     Document 127     filed 04/28/16     USDC Colorado     pg 1
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Defendant McQuown’s Ex Parte Motion for Funds to Retain a Psychologist (Doc. 
124-1) is DENIED AS MOOT.   
       
  BY THE COURT:   
Dated: April 28, 2016 s/John L. Kane                 
  SENIOR U.S. DISTRICT JUDGE 
 
Case No. 1:15-cr-00113-RBJ     Document 127     filed 04/28/16     USDC Colorado     pg 2
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