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U.S. v. Colby, CR 17-00168 LHK. (2018)

Court: District Court, N.D. California Number: infdco20181218846 Visitors: 10
Filed: Dec. 14, 2018
Latest Update: Dec. 14, 2018
Summary: [ PROPOSED ] ORDER FOR COMMITMENT AND COMPETENCY EVALUATION OF THE DEFENDANT LUCY H. KOH , District Judge . On December 14, 2018, the parties appeared for a status conference in the above-captioned matter. The Court reviewed Dr. Jeffrey Gould's psychological report concerning the defendant and ordered that the defendant undergo a second psychological evaluation by the Bureau of Prisons to determine if he is competent to be sentenced. 18 U.S.C. 4241(a). The parties requested that the exami
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[PROPOSED] ORDER FOR COMMITMENT AND COMPETENCY EVALUATION OF THE DEFENDANT

On December 14, 2018, the parties appeared for a status conference in the above-captioned matter. The Court reviewed Dr. Jeffrey Gould's psychological report concerning the defendant and ordered that the defendant undergo a second psychological evaluation by the Bureau of Prisons to determine if he is competent to be sentenced. 18 U.S.C. § 4241(a). The parties requested that the examination be done in an expedited matter at a suitable Bureau of Prisons facility and a report prepared. 18 U.S.C. §§ 4241(b), 4247(b), (c).

In addition, the parties requested that the Court order the Bureau of Prisons to provide the defendant with the following medications while he is in custody: Alinia or the generic Nitazoxanide, Doxycyclinie, Azithromycin, and Fluconazole.

[PROPOSED] ORDER

This matter having come before the Court pursuant to the defendant's and the government's joint motion under 18 U.S.C. § 4241(a) and the Court finding that a second evaluation must be conducted in order to determine if the defendant is competent to be sentenced, it is therefore,

ORDERED that the defendant be committed to the custody of the Attorney General for an evaluation, the preparation of a report and that he be offered treatment if recommended.

It is ORDERED that a psychiatric or psychological examination of the defendant be conducted as quickly as possible at a suitable medical facility for a period not to exceed 30 days, unless extended for a period not to exceed 15 days for good cause shown, and that a psychiatric or psychological report be filed with the Court as soon thereafter as practicable, pursuant to the provisions of 18 U.S.C. §§ 4247(b) and (c). Said report shall meet the requirements of 18 U.S.C. § 4247(c), and shall contain an assessment of whether defendant is presently suffering from a mental disease or defect rendering him unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. Copies of the report shall be furnished to the Court, to counsel for defendant, and to counsel for the government, pursuant to 18 U.S.C. § 4247(c).

IT IS ORDERED that upon completion of said examination and upon receipt of the psychiatric or psychological report described above, the parties shall notify the Court to schedule a hearing to determine the defendant's competency to understand the nature and consequences of the proceedings against him or to assist in the preparation of his defense.

IT IS ORDERED and directed that the United States Marshal make the necessary arrangements for the expeditious transportation of the defendant to the designated facility to conduct the examination.

IT IS FURTHER ORDERED that the Bureau of Prisons shall provide the defendant with the following medications while in custody: Alinia or the generic Nitazoxanide, Doxycyclinie, Azithromycin, and Fluconazole.

IT IS SO ORDERED.

Source:  Leagle

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