Free Order - District Court of Arizona - Arizona

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6 UNITED STATES DISTRICT COURT
7 DISTRICT OF ARIZONA
8 UNITED STATES OF AMERICA. ) NO. CR 03-1097-3-PHX-ROS
9 Plaintiff, i
) ORDER RE: MENTAL HEALTH
10 vs. ) EVALUATION
11 Daniel Samaniego-Cachon, i
12 Defendant. i
13 _____———_———______________—__)
Upon motion of the Defendant, no objection by the Government,
14 the Court having previously ordered that the Defendant be
15 evaluated, the Court having received and reviewed the letter of Dr.
16 Lucking, who is the doctor currently treating the Defendant,
17 regarding the need for continued evaluation of the Defendant, and
18 good cause appearing, IT IS HEREBY ORDERED: I
19_ 1. Granting Defendant‘s motion and Dr. Lucking's request
20 that the Defendant continue to be evaluated for determination of
21 competency;
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2. That pursuant to 18 USC 4241, that Defendant continue to
23 submit to a psychiatric evaluation;
24 3. That pursuant to 18 USC 4247(b), that the Defendant is
25 committed to the custody of the United States Marshall for
26 placement in a suitable facility for a period not to exceed 120
27 days, to determine of he is competent to stand trial. If
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1 additional time is needed, the director of that facility in which
2 Defendant is placed may apply for a reasonable extension of time.
3 4. That the examining doctor shall promptly file a report
4 with the Court, with copies to counsel, following completion of the
5 examination, such report shall include;
6 a. The Defendant's history and present symptoms;
7 b. A description of the testing procedures that were
B used as well as the results of those tests;
9 c. The examiner's findings;
10 d. The examiner's opinions as to diagnosis, prognosis
11 and whether the Defendant is presently suffering from a mental
12 disease or defect rendering him mentally incompetent to the extent
13 that he is unable to understand the nature and consequences of the
14 proceedings against him or to assist properly in his defense; if
15 the Defendant is not competent, whether there is a substantial
16 probability that in the foreseeable future he will attain the
17 capacity to permit the trial to proceed.
18 e. Said report shall be filed with the Court within the
19 120 day evaluation period.
20 Excludable delay under 18 U.S.C. 3161(h)(I)(l)(A) and
21 (h)(1)(H) will commence on 10/16/06.
22 Dated this 24m day of October 2006.
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os O. 1 ver
25 United States District Court Judge
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Case 2:03-cr-01097-ROS Document 180 Filed 10/27/2006 Page 2 of 2

Case 2:03-cr-01097-ROS

Document 180

Filed 10/27/2006

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Case 2:03-cr-01097-ROS

Document 180

Filed 10/27/2006

Page 2 of 2