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United States v. Arnette

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


November 12, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DAVID LEE ARNETTE, DEFENDANT.

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

STIPULATION SETTING STATUS CONFERENCE ON MENTAL COMPETENCY OF THE DEFENDANT; ORDER

On October 29, 2008, the Court found the defendant not presently competent to stand trial or otherwise answer to the criminal charges in this case and has committed him to the U.S. Bureau of Prisons for up to four months (unless extended by further order of the Court), for treatment to attempt to restore his competency pursuant to 18 U.S.C. § 4241(d) . However, no further Court date was set at the October 29th hearing and it is desirable to set a control date (status conference) so as to keep track of deadline and the defendant's progress, or lack thereof.

Therefore, it is requested that a status conference be set for February 19, 2009, at 9:00 a.m. It is further requested that the time between October 29, 2008 and February 19, 2009, be excluded from calculation under the Speedy Trial Act pursuant to the exception contained in 18 U.S.C. § 3161(h)(4) (delay cause by the fact that the defendant is mentally incompetent to stand trial). Defense counsel, Assistant Federal Defender Rachelle Barbour, has been contacted and orally agreed to the above requests.

Dated: November 6, 2008

McGREGOR W. SCOTT United States Attorney

RICHARD J. BENDER Assistant U.S. Attorney

IT IS SO ORDERED.

20081112

© 1992-2008 VersusLaw Inc.



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