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U.S. v. Slavin, 2:17-CR-00115-TLN. (2019)

Court: District Court, E.D. California Number: infdco20190219a15 Visitors: 4
Filed: Feb. 15, 2019
Latest Update: Feb. 15, 2019
Summary: ORDER TROY L. NUNLEY , District Judge . On January 9, 2019, upon motion by counsel for Defendant Patrick Slavin ("Defendant") under 18 U.S.C. 4241(b), the Court ordered Defendant committed to the custody of the Attorney General for placement in and transportation to a suitable medical facility for the purpose of a psychiatric evaluation and report to assist the Court in determining Defendant's competency to stand trial. (Order, ECF No. 29.) Pursuant to 18 U.S.C. 4247, Defendant may be c
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ORDER

On January 9, 2019, upon motion by counsel for Defendant Patrick Slavin ("Defendant") under 18 U.S.C. § 4241(b), the Court ordered Defendant committed to the custody of the Attorney General for placement in and transportation to a suitable medical facility for the purpose of a psychiatric evaluation and report to assist the Court in determining Defendant's competency to stand trial. (Order, ECF No. 29.) Pursuant to 18 U.S.C. § 4247, Defendant may be committed for a period of up to thirty (30) days for purposes of an examination, and the director of the facility may apply for a reasonable extension not to exceed fifteen (15) days upon a showing of good cause.

The Court is now in receipt of a letter dated January 31, 2019, from the Acting Warden of Metropolitan Detention Center ("MDC") providing that Defendant was designated to MDC on January 14, 2019, and arrived there on January 24, 2019. The letter makes two requests: (1) that commitment for the evaluation commence upon Defendant's arrival at MDC; and (2) that the Court grant an additional fifteen (15) days to perform the testing and examination necessary for MDC's Psychology staff to complete the evaluation and develop an opinion concerning Defendant's competency.

The Court finds good cause for MDC's request for extension, and it is therefore GRANTED. Additionally, the Court hereby amends its January 9, 2019 Order (ECF No. 29), to provide that the initial thirty-day clock on Defendant's commitment began to run when Defendant arrived at MDC on January 24, 2019.

The Clerk of the Court is directed to serve this Order on the parties, as well as on John T. LeMaster, Acting Warden of Metropolitan Detention Center, 535 N. Alameda Street, Los Angeles, CA 90012.

IT IS SO ORDERED.

Source:  Leagle

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