Filed: Nov. 18, 2014
Latest Update: Nov. 18, 2014
Summary: STIPULATION AND [ PROPOSED ] ORDER AUTHORIZING DISCLOSURE OF PSR ORDER AUTHORIZING DISCLOSEURE OF PSR WILLIAM B. SHUBB, District Judge. STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows: 1. By previous Order on September 29, 2014, the Court remanded defendant Ricky Lamont Flemings ("Defendant") to the custody of the Attorney General of the United States for placement in a
Summary: STIPULATION AND [ PROPOSED ] ORDER AUTHORIZING DISCLOSURE OF PSR ORDER AUTHORIZING DISCLOSEURE OF PSR WILLIAM B. SHUBB, District Judge. STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows: 1. By previous Order on September 29, 2014, the Court remanded defendant Ricky Lamont Flemings ("Defendant") to the custody of the Attorney General of the United States for placement in a s..
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STIPULATION AND [PROPOSED] ORDER AUTHORIZING DISCLOSURE OF PSR ORDER AUTHORIZING DISCLOSEURE OF PSR
WILLIAM B. SHUBB, District Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. By previous Order on September 29, 2014, the Court remanded defendant Ricky Lamont Flemings ("Defendant") to the custody of the Attorney General of the United States for placement in a suitable facility for the purpose of a psychiatric or psychological examination pursuant to 18 U.S.C § 4241(b).
2. Thereafter, Defendant was transferred to the Federal Bureau of Prisons, Metropolitan Detention Center, in Los Angeles, California ("MDC-LA") for such examination.
3. On or about November 4, 2014, Lisa Hope, Psy.D., Chief Psychologist MDC-LA ("Dr. Hope"), requested from the government certain documents to assist and facilitate the psychiatric or psychological examination of Defendant, including, among other documents, any Pre-Sentence Investigative Report ("PSR") prepared by the United States Probation Department in this matter. Specifically, Dr. Hope's request stated:
"In order to conduct a comprehensive evaluation, the evaluators require collateral material to review. Specifically, we are requesting that you provide us with a copy of relevant investigative materials, to include: a criminal history report, investigative documents, interviews, surveillance materials, any documents signed or completed by the defendant, pre-sentence reports, pre-trial report (if available), information pertaining to prior cases, jail documents, medical/mental health records, and any other available material you deem relevant. Of particular use is any audio or visual recording of the defendant."
4. Local Rule 460(b) provides that: ". . . Any applicant seeking an order authorizing further disclosure of a presentence report or pretrial services report maintained by the probation or pretrial services offices shall file a written petition to the Court establishing with particularity the need for specific information in the records. Requests for disclosure made to probation or pretrial services officers are improper. Except as provided in (c) below, no further disclosure shall be made except upon an order issued by the Court."
5. The parties respectfully request that the Court construe this stipulation and proposed order as a petition pursuant to Local Rule 460(b) and further request that the Court authorize the government to forward Defendant's PSR to Dr. Hope for the limited purpose of assisting Dr. Hope and those evaluators performing the Court-ordered psychiatric or psychological examination.
6. Nothing in this stipulation and proposed order shall waive Defendant's right to assert written or other challenges to the accuracy of the information contained in the PSR in these proceedings.
IT IS SO STIPULATED.
ORDER AUTHORIZING DISCLOSEURE OF PSR
The parties' stipulation is approved and so Ordered.
