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United States v. Toscano, 19cr3674-BEN. (2020)

Court: District Court, N.D. California Number: infdco20200309471 Visitors: 7
Filed: Mar. 02, 2020
Latest Update: Mar. 02, 2020
Summary: ORDER ROGER T. BENITEZ , District Judge . No objections having been filed, IT IS ORDERED that the Findings of Fact and Recommendations of the Magistrate Judge are adopted. IT IS FURTHER ORDERED that Defendant be committed to the custody of the Attorney General for hospitalization and treatment in a suitable facility for a reasonable period of time, not to exceed four months from the date of this Order, as is necessary to determine whether there is a substantial probability that in the f
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ORDER

No objections having been filed, IT IS ORDERED that the Findings of Fact and Recommendations of the Magistrate Judge are adopted.

IT IS FURTHER ORDERED that Defendant be committed to the custody of the Attorney General for hospitalization and treatment in a suitable facility for a reasonable period of time, not to exceed four months from the date of this Order, as is necessary to determine whether there is a substantial probability that in the foreseeable future Defendant will attain the capacity to permit the proceedings to go forward. The Attorney General may move for an additional period of time as provided at 18 U.S.C. § 4241(d)(2). If, at the end of the time period specified, it is determined that Defendant's mental condition has not so improved as to permit proceedings to go forward, Defendant is subject to the provisions of 18 U.S.C. §§ 4246 and 4248.

IT IS FURTHER ORDERED that under the Speedy Trial Act, 18 U.S.C. § 3161(h)(1)(A), time is excluded until Defendant is deemed competent by this Court.

Source:  Leagle

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