IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 26, 2012
UNITED STATES OF AMERICA,
DANIEL BRODERICK, Bar # 89424 Federal Defender PEGGY SASSO, Bar #228906 Assistant Federal Defender 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant ANDRES MUNOZ-VILLA
STIPULATION RE COMPETENCY TO STAND
TRIAL (18 U.S.C. § 4241(d)); ORDER
Based on the psychiatric examination and report of Dr. Claudia Cerda, it appears pursuant to 18 U.S.C. §§ 4241(d) that there is reasonable cause to believe that Mr. Munoz-Villa 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.
Pursuant to 18 U.S.C. § 4241(d)(1), the parties request the court commit the defendant to the custody of the Attorney General. The Attorney General shall hospitalize the defendant for treatment in a suitable facility for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the trial to proceed.
At the end of the four month period, the director of the facility will certify that Mr. Munoz-Villa has attained the capacity to permit the trial to proceed or that his condition has not so improved as to permit the trial to proceed pursuant to 18 U.S.C. § 4241, and the court shall hold a hearing pursuant to the provisions of 18 U.S.C. §4247 (d). All time will be excluded in computing the time within which the trial of Defendant's current offense must commence pursuant to 18 U.S.C. §§ 3161(h)(1)(A) & (h)(4).
IT IS SO ORDERED.
CHIEF UNITED STATES DISTRICT JUDGE
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