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United States v. Lucero

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 18, 2008

UNITED STATE OF AMERICA, PLAINTIFF,
v.
STEPHEN LUCERO, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER FINDING DEFENDANT MENTALLY COMPETENT

On April 3, 2008, on the motion of the parties and pursuant to 18 U.S.C. §§ 4241(a), 4247(b) and (c) this Court ordered that the defendant undergo a mental competence evaluation. Two forensic psychological reports from separate examiners were prepared and submitted to the Court. Each report concluded that the defendant was competent and did not suffer from a mental disease or defect that rendered him incompetent to understand the nature and consequences of the proceedings against him or assist properly in his defense. On August 14, 2008, the parties appeared before this Court and submitted the matter without further arguments based upon the findings in the reports. This Court has read and considered both forensic psychological reports in reaching the following conclusion.

Based upon the forensic psychological reports submitted, this Court finds that the defendant is mentally competent and does not suffer from a mental disease or defect that renders him incompetent to understand the nature and consequences of the proceedings against him or assist properly in his defense. The effective date of this order is August 14, 2008.

IT IS SO ORDERED.

20080918

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