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United States v. Moran-Marquez

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


June 21, 2010

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

The opinion of the court was delivered by: Judge: Edward J. Garcia

ORDER AFTER COMPETENCY HEARING

This Order summarizes the Court's ruling of June 11, 2010, following an evidentiary hearing held May 25, 2010, to determine whether defendant is presently competent to stand trial.

The Court ruled as follows. Each psychologist who evaluated defendant found him to suffer from a mental disease or defect: Schizophrenia, Paranoid Type. The evidence shows that defendant is presently able to understand the nature and consequences of the proceedings against him. However, the Court finds by a preponderance of the evidence that defendant is not able to assist properly in his defense, in light of his mental disease. Accordingly, the Court orders defendant re-committed to the custody of the Attorney General for treatment in a suitable facility pursuant to 18 U.S.C. § 4241(d)(2).

IT IS SO ORDERED.

HON. EDWARD J. GARCIA United States District Judge

20100621

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