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United States of America v. Ismael Olivera-Ruelas

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


April 9, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ISMAEL OLIVERA-RUELAS,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Barbara A. McAuliffe

ORDER FOR PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION PURSUANT TO 18 U.S.C. §4241(b)

In counsel's oral motion to the Court on April 8, 2013, counsel represented his concern that his client lacks the present ability to consult with counsel in a meaningful way and that he is unable to assist properly in his defense. The Court finds that once the Court is presented with representations which form reasonable cause to believe the defendant lacks the mental fitness to proceed, whether by motion, by facts coming before it, or through its own observations, the Court is mandated to order a psychiatric or psychological exam. See generally Chavez v. United States, 656 F.2d 512, 516-18 (9th Cir.1981).

IT IS ORDERED that pursuant to 18 U.S.C. §4241(b), a psychiatric or psychological examination of defendant Ismael Olivera-Ruelas be conducted and that a psychiatric or psychological report be filed with the court pursuant to the provisions of 18 U.S.C. §4247(b) and (c). It is further ORDERED that defendant is committed to the custody of the Attorney General, and the United States Marshal's Service is directed to transfer defendant to a suitable facility for examination.

IT IS SO ORDERED.

Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE

20130409

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