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United States v. Sanders

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


January 14, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CHRISTINA JENINE SANDERS, DEFENDANT.

The opinion of the court was delivered by: Honorable Oliver W. Wanger U.S. Senior District Court Judge

ORDER FOR COMPETENCY EXAMINATION

It appearing to the Court that the defendant, CHRISTINA JENINE SANDERS, is charged by indictment with violations of 18 U.S.C. § 287 and 18 U.S.C. § 1344; representations have been made by the defense that Dr. Laura A. Geiger evaluated the defendant and determined that she is not competent to stand trial; the government is entitled to have their own psychologist evaluate the defendant's mental competency to stand trial.

IT IS, THEREFORE, ORDERED THAT:

1. Pursuant to 18 U.S.C. §§ 4241 and 4247(b), the defendant is ordered to cooperate and submit to a psychological examination to be conducted by a licensed or certified psychologist or psychiatrist selected by the government.

2. The psychiatrist or psychologist is ordered to file a psychiatric or psychological report with the court, with copies provided to the counsel for the defendant and the attorney for the government. The report shall include the information required by 18 U.S.C. § 4247 (c), to wit;

A. The defendant's history and present symptoms;

B. A description of the psychiatric, psychological and 10 medical tests that were employed and their results;

C. The examiner's opinion as to diagnosis, prognosis, and whether defendant is suffering from a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense.

3. The government is permitted to provide its psychologist or psychiatrist with a copy of the defendant's psychological evaluation report prepared by Dr. Laura A. Geiger, dated 12/23/09 and 12/24/09.

4. The parties agree that the time delay resulting from this examination and issuance of a report shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. 3161(h)(8)(A) and (B)(iv). For this reason, the ends of justice outweigh the interest of the public and the defendant in a speedy trial.

20100114

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