( CNN ) -- A federal judge determined Monday that the man accused of killing six in an Arizona shooting rampage is `` getting better , '' further ruling that the suspect should continue to take anti-psychotic medications as his appeal works its way through the courts . U.S. District Court Judge Larry Burns said in a motion issued Monday that there was a `` substantial probability '' that Jared Lee Loughner will be restored to competency and be able to stand trial for his role in a mass shooting in January outside a Tucson supermarket . He refused to alter Loughner 's current mental health treatment plan , pointing to his observations that the suspect has improved in recent months . `` There is overwhelming evidence that the defendant is getting better , not the least of which is the noticeable improvement in his appearance , demeanor and behavior since he was last in court , '' the judge said in his six-page order . Burns is based in Southern California , but is overseeing the case in part because one of the shooter 's victims was Arizona-based federal Judge John Roll . Loughner , 23 , may face the death penalty if convicted in a shooting that also left 13 wounded , among them his purported target , U.S. Rep. Gabrielle Giffords . She has been undergoing intensive rehabilitation in Arizona and Texas since being shot in the head . The suspect has been diagnosed as schizophrenic and has spent time on suicide watch while in custody and undergoing treatment at a federal hospital in Springfield , Missouri . In May , a federal appeals court cleared the way for him to be forcibly medicated , over the objections of Loughner and his attorney . A hearing five days ago addressed those objections . During it , both the judge and mental health experts noted that Loughner was able to sit calmly during the hours-long proceeding , court sources said . He had been removed from a courtroom in May after an outburst , reported CNN affiliate KGUN . Prosecutors have written in court documents that Loughner has expressed `` regret for the circumstances that led to his arrest . '' When he was asked whether he thought about harming himself , he said , `` I want to die . Give me the injection . Kill me now , '' the documents said . The defense team argues the state has failed to prove Loughner 's condition will improve enough for him to stand trial . Several mental health experts testified at last Wednesday 's hearing , including Loughner 's `` daily , treating psychologist '' Dr. Christina Pietz and an outside expert psychiatrist , Dr. James Ballenger . Based in large part on their assessment of the suspect 's improvement under his current medical regimen -- including the prescribed medications -- Burns decided it was best not to change Loughner 's treatment . `` The testimony of ( Pietz and Ballenger ) established the likelihood and substantial probability that the defendant will continue to get better and can be restored to competency to stand trial in four months time , '' the judge wrote .
Federal Judge Larry Burns says Jared Lee Loughner is `` getting better '' and that he will be released from prison in the next few days. His lawyers argued that doing so was unconstitutional . The judge rules Loughner 's treatment will continue , saying it 's likely he can stand trial .