USA v. Attia

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA 	)
)
v. 	) 	CRIM. CASE NO. 1:24-cr-8-EM
)
JOEL BARTON ATTIA 	)
MEMORANDUM OPINION and ORDER
On March 26, 2025, the Court held a status conference in this case to determine
whether Defendant Joel Barton Attia (“Attia”) should be hospitalized for treatment “for an
additional reasonable period of time until . . . his mental condition is so improved that trial
may proceed,” as the Federal Bureau of Prisons (“BOP”) has requested. (See doc. 45 at
14); see also 18 U.S.C. § 4241(d)(2).1 	For the reasons stated on the record at the status
conference, the Court finds that “there is a substantial probability that within such
additional period of time”—specifically, four months—“[Attia] will attain the capacity to
permit the proceedings to go forward.” See 18 U.S.C. § 4241(d)(2). 	The Court further
finds, and the parties agree, that four months from the date of the BOP’s most recent
forensic evaluation—February 7, 2025—is a reasonable period of time. 	Accordingly, for
the reasons stated on the record at the status conference, and for good cause, it is
ORDERED as follows:
1. 	Pursuant to 18 U.S.C. § 4241(d)(2), Attia shall remain in the custody of the
1 On June 10, 2024, the Court found that Attia was not competent to stand trial and committed him to the
custody of the Attorney General “for such a reasonable period of time, not to exceed four months, as is
necessary to determine whether there is a substantial probability that in the foreseeable future he will attain
the capacity to permit the proceedings to go forward.” (Doc. 24) (quoting 18 U.S.C. § 4241(d)(1)).
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Attorney General for an additional period up to and including June 9, 2025, to determine
whether Attia’s mental condition is so improved that trial may proceed;
2. 	The BOP shall submit to the Court and to counsel for the parties its report
regarding Attia’s restoration to competency as soon as practicable but no later than June
23, 2025;
3. 	If, prior to June 9, 2025, it is determined that Attia’s mental condition is so
improved that trial may proceed, the BOP shall notify the Court and counsel for the parties
as soon as practicable, and the BOP shall submit its report to the Court and counsel for the
parties as soon as practicable but no later than 14 days after the determination is made;
4. 	The BOP is DIRECTED to submit its report to the Court by U.S. mail at One
Church 	Street, 	Suite 	A-300, 	Montgomery, 	AL 	36104 	and 	also 	by 	email 	to:
markschambers@almd.uscourts.gov.
DONE this 28th day of March, 2025.
/s/ Emily C. Marks
EMILY C. MARKS
CHIEF UNITED STATES DISTRICT JUDGE
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