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U.S. v. VANGA, 2:14-cr-00184-GEB-1. (2014)

Court: District Court, E.D. California Number: infdco20140922472 Visitors: 10
Filed: Sep. 19, 2014
Latest Update: Sep. 19, 2014
Summary: ORDER FOR EXAMINATION AND REPORT UNDER 18 U.S.C. 4241(b) and 4247(b), (c) GARIAND E. BURRELL, Jr., Senior District Judge. On September 18, 2014, Defendant's counsel filed a Proposed Order re Examination and Report under 18 U.S.C. 4241(b) and 4247(b), and (c), and scheduled a status hearing concerning the matter on September 19, 2014. During the September 19, 2014 status hearing, Defendant's counsel said she had reasonable cause to believe the defendant may presently be suffering from a m
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ORDER FOR EXAMINATION AND REPORT UNDER 18 U.S.C. §§ 4241(b) and 4247(b), (c)

GARIAND E. BURRELL, Jr., Senior District Judge.

On September 18, 2014, Defendant's counsel filed a Proposed Order re Examination and Report under 18 U.S.C. § 4241(b) and 4247(b), and (c), and scheduled a status hearing concerning the matter on September 19, 2014.

During the September 19, 2014 status hearing, Defendant's counsel said she had reasonable cause to believe the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to assist properly in his defense. Defendant's attorney also said she had two other criminal defense attorneys talk to Defendant Vanga to determine if they thought he was competent, and each attorney opined Defendant Vanga's competency should be evaluated by a mental health expert.

Defendant Vanga disagreed with his defense lawyer's assessment of his competency, and the government argued that Defendant understands the nature and consequences of the proceedings against him. However, the government's argument failed to counter Defendant's attorney's concern that Defendant is unable to assist properly in his defense.

Based on what Defendant's attorney stated, I find that "reasonable cause [exists] to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to . . . assist properly in his defense." 18 U.S.C. § 4241(a).

Accordingly, Defendant shall undergo psychiatric and/or psychological examinations under 18 U.S.C. § 4241(b) and 18 U.S.C. § 4247(b), to determine his competency. Defendant shall be transported to the place designated by the Federal Bureau of Prisons for the examination and/or study. The examining officials are authorized to access all pertinent medical and collateral information, including psychiatric and medical records and psychological testing. Further, a psychiatric and/or a psychological report shall be provided to the Court in accordance with 18 U.S.C. §§ 4241(b) and 4247(c). Counsel are requested to provide the Bureau of Prisons documents and/or information counsel opine should be provided in connection with the competency determination issue.

The Clerk of the Court shall include the United States Marshal and the Federal Bureau of Prisons in the service of this Order. The Federal Bureau of Prisons shall be served by email using the following address: gra-dsc/teampapa~@bop.gov. To apprize examination officials of the criminal charges against Defendant, the Clerk of the Court shall attach to this order a copy of the Indictment (ECF No. 9).

Source:  Leagle

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