Filed: Feb. 22, 2019
Latest Update: Feb. 22, 2019
Summary: ORDER DENYING DEFENDANT'S MOTION TO DISMISS, DISQUALIFY, AND RETURN PROPERTY Re: Dkt. No. 84 MAXINE M. CHESNEY , District Judge . The Court is in receipt of a document, titled "Defendant's . . . Third Motion to Dismiss, Motion to Disqualify U.S. Attorney David L. Anderson and His Office, Third Motion to Disqualify Defense Counsel, Third Motion to Disqualify Judges, and Motion to Return Property," filed pro se, by defendant Kuang Bao Ou-Young ("Ou-Young") on February 1, 2019. By said docume
Summary: ORDER DENYING DEFENDANT'S MOTION TO DISMISS, DISQUALIFY, AND RETURN PROPERTY Re: Dkt. No. 84 MAXINE M. CHESNEY , District Judge . The Court is in receipt of a document, titled "Defendant's . . . Third Motion to Dismiss, Motion to Disqualify U.S. Attorney David L. Anderson and His Office, Third Motion to Disqualify Defense Counsel, Third Motion to Disqualify Judges, and Motion to Return Property," filed pro se, by defendant Kuang Bao Ou-Young ("Ou-Young") on February 1, 2019. By said documen..
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ORDER DENYING DEFENDANT'S MOTION TO DISMISS, DISQUALIFY, AND RETURN PROPERTY
Re: Dkt. No. 84
MAXINE M. CHESNEY, District Judge.
The Court is in receipt of a document, titled "Defendant's . . . Third Motion to Dismiss, Motion to Disqualify U.S. Attorney David L. Anderson and His Office, Third Motion to Disqualify Defense Counsel, Third Motion to Disqualify Judges, and Motion to Return Property," filed pro se, by defendant Kuang Bao Ou-Young ("Ou-Young") on February 1, 2019. By said document, Ou-Young seeks to: (1) dismiss the instant case "with prejudice" (see Mot. at 2:6); (2) disqualify the entire U.S. Attorney's Office, Magistrate Judge Joseph C. Spero, the undersigned, and his appointed attorney James M. Thompson ("Thompson"); and (3) recover property he alleges was seized by the U.S. Marshals Service ("USMS") and the City of Sunnyvale.1
On October 31, 2018, the Court found Ou-Young not competent to stand trial. (See Crim. Mins., filed Oct. 31, 2018; Order Finding Def. Not Competent to Stand Trial, filed Oct. 31, 2018 (finding, based on record of case and three forensic evaluation reports, Ou-Young "suffers from a mental disease or defect (Delusional Disorder, persecutory type)," is "not competent to stand trial in this matter," and is "unable to be restored to competency in the foreseeable future").)2
That same date, on motion of the government pursuant to Federal Rule of Criminal Procedure 48(a), the Court dismissed the indictment. (See Crim. Mins., filed Oct. 31, 2018; Not. of Dismissal, filed Oct. 31, 2018); see also Fed. R. Crim. P. 48(a) (providing government "may, with leave of court, dismiss an indictment, information, or complaint").
Because a person whose competence is in question cannot "legally waive his right to counsel," see United States v. Kowalczyk, 805 F.3d 847, 857 (9th Cir. 2015), and given all of the above circumstances, Ou-Young's motion is hereby DENIED.
IT IS SO ORDERED.
