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United States v. McDougald

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


February 25, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JEANN MCDOUGALD, DEFENDANT.

ORDER

Relying on Rule 12.2(c)(1)(B) of the Federal Rules of Criminal Procedure, the government has filed a motion for an order directing defendant to submit to a mental examination under 18 U.S.C. § 4242. The government states that defendant has provided a report from an expert witness relating to defendant's mental state at the time of the alleged offense.

Under Rule 12.2(b), a defendant who "intends to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on . . . the issue of guilt . . . must -- within the time provided for filing a pretrial motion or at any later time the court sets -- notify an attorney for the government in writing and file a copy of the notice with the clerk." Defendant has not filed the required notice with the clerk or otherwise sought leave to file the notice belatedly. Accordingly, the court finds that the prerequisite for ordering the defendant to undergo an examination has not been satisfied.

IT IS THEREFORE ORDERED that plaintiff's motion for an order directing defendant to submit to an examination (docket no. 20) is denied without prejudice.

20100225

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