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United States v. Moran-Marquez

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


July 13, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE EDUARDO MORAN-MARQUEZ, DEFENDANT.

The opinion of the court was delivered by: Honorable Edward J. Garcia United States District Judge

ORDER FOR MENTAL COMPETENCY EVALUATION AND HEARING

ORDER

THIS MATTER was before the Court on July 10, 2009 upon the Defendant's Motion for Determination of Mental Competency pursuant to Title 18, United States Code, Sections 4241 and 4247. The Court, being fully advised of the premises, finds that there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense; accordingly,

IT IS ORDERED that a psychiatric or psychological examination shall be conducted by the Bureau of Prisons to evaluate the defendant's competency pursuant to 18 U.S.C. §4241(b). A report of that examination shall, pursuant to 18 U.S.C. §4247, be filed with the Court within thirty (30) days of the date of this Order.

IT IS FURTHER ORDERED that the Bureau of Prisons conduct the psychiatric or psychological examination at the closest suitable facility to Sacramento, California.

IT IS FURTHER ORDERED that a competency hearing, pursuant to 18 U.S.C. §4241(c) and 18 U.S.C. §4247(d), be scheduled for August 7, 2009.

IT IS FURTHER ORDERED that the time beginning July 10, 2009 and extending through August 7, 2009 is excluded from the calculation of time under the Speedy Trial Act pursuant to 18 U.S.C. 3161(h)(1)(a), Local Code A, for examination and hearing regarding the defendant's mental capacity.

20090713

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