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United State of America v. Leonel Ayon-Ontiveros

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


January 23, 2011

UNITED STATE OF AMERICA
PLAINTIFF,
v.
LEONEL AYON-ONTIVEROS,
DEFENDANT.

ORDER ON DEFENDANT'S COMPETENCY TO STAND TRIAL

On November 29, 2010, this court found defendant mentally competent to proceed with trial. At a status conference on January 18, 2011, defendant moved for reexamination based on a belief that the defendant's mental state had deteriorated in that he was no longer competent to stand trial. The government did not oppose this request for reexamination.

Accordingly, IT IS HEREBY ORDERED that the defendant is committed to the custody of the Attorney General pursuant to 18 U.S.C. § 4241(d) under the provisions of 18 U.S.C. §§ 4247(b) and (c), as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the proceedings to go forward.

Defendant Leonel Ayon-Ontiveros shall be committed to the custody of the Attorney General of the United States for purposes of the reexamination at a suitable facility.

Time is excluded under the Speedy Trial Act from the date of the hearing until April 25, 2011, pursuant to 18 U.S.C. § 3161(h)(1)(A) and thereafter if the period of commitment to the Attorney General is extended.

IT IS SO ORDERED.

0m8i78

CHIEF UNITED STATES DISTRICT JUDGE

20110123

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