Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

United States of America v. Hugo Bolanos

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA


December 14, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
HUGO BOLANOS, DEFENDANT.

The opinion of the court was delivered by: Honorable Manuel L. Real United States District Judge

FINDINGS OF FACT AND ORDER FOR EXAMINATION TO DETERMINE COMPETENCY TO STAND TRIAL

WHEREAS on December 12, 2011, the Court held a hearing in this case on defendant's motion for a hearing to determine the competency of defendant, and

WHEREAS the Court has previously read motion papers filed in connection with defendant's request for such a hearing, and

WHEREAS the government stated at the hearing that it has no information to the contrary of the representations of defendant's counsel about defendant's mental state,

THE COURT HEREBY FINDS, based upon the statements at the hearing, and defendant's motion for a competency hearing, and all the files and records in this case,

THAT THERE IS REASONABLE CAUSE TO BELIEVE that 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.

THEREFORE, THE COURT ORDERS THAT a psychiatric or psychological examination of defendant be conducted by Saul J. Faerstein, M.D., pursuant to 18 U.S.C. § 4241, to determine whether defendant is presently 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, and

THE COURT FURTHER ORDERS THAT a psychiatric or psychological report of that examination be filed with the Court and served on the parties, including (a) defendant's history and present symptoms, (b) a description of any psychiatric, psychological, or medical tests that were employed and their results, (c) Dr. Faerstein's findings, and (d) Dr. Faerstein's opinions as to diagnosis, prognosis, and whether defendant is suffering from a mental disease or defect rending him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or assist properly in his defense, and

THE COURT FURTHER ORDERS THAT Dr. Faerstein's report shall be filed and served by 45 days from the date of filing of this Order, unless delays in obtaining medical records or the intervening federal holidays cause Dr. Faerstein to require additional time, and

THE COURT FURTHER ORDERS THAT the Federal Bureau of Prisons ("FBOP") and the staff of the Metropolitan Detention Center ("MDC") provide directly to Dr. Faerstein, solely for the purposes of this examination, copies of all medical records of defendant in the possession of the FBOP and MDC, and

THE COURT FURTHER ORDERS THAT a hearing, pursuant to 18 U.S.C. § 4241, to determine the competency of defendant to stand trial in this case will be scheduled by the Court after the completion and filing of Dr. Faerstein's report of examination.

Counsel for the government shall serve a copy of this order on Dr. Faerstein.

SO ORDERED.

CC: BOP / MDC

20111214

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.