Opinion
19-CR-862 (VEC)
06-09-2021
UNITED STATES OF AMERICA v. JUAN HERNANDEZ, Defendant.
ORDER
VALERIE CAPRONI, UNITED STATES DISTRICT JUDGE
WHEREAS on June 9, 2021, the parties appeared for a change-of-plea proceeding in this matter;
WHEREAS Mr. Hernandez reported to the Court that he was suicidal and reported that he believed the medication he is receiving for depression and anxiety is not working; and
WHEREAS the Court adjourned the proceeding to allow Mr. Hernandez to address his mental health issues;
IT IS HEREBY ORDERED that Mr. Hernandez must be promptly seen by a psychiatrist at the Metropolitan Detention Center (“MDC”). The Government must ensure that this order is provided to the appropriate official at MDC no later than close of business today, June 9, 2021. By no later than Wednesday, June 16, 2021, the Government must obtain a report from MDC describing his current mental health condition and must file it under seal with the Court.
IT IS FURTHER ORDERED that Mr. Hernandez's change-of-plea proceeding is adjourned sine die. By no late than Friday, June 18, 2021, Defense counsel must update the Court on Mr. Hernandez's condition and whether he would like to re-schedule his change-of-plea proceeding.
IT IS FURTHER ORDERED that given the need for a psychiatric evaluation of Mr. Hernandez, time is excluded under the Speedy Trial Act through June 18, 2021. See 18 U.S.C. § 3161(h)(1)(A). Furthermore, given the complexities and delays associated with meeting with counsel and negotiating potential dispositions during the COVID-19 pandemic, the Court finds that the ends of justice in accommodating those delays outweigh Mr. Hernandez's and the public's interests in a speedy trial, and that exclusion of time between now and June 18, 2021 is warranted pursuant to 18 U.S.C. § 3161(h)(7).
SO ORDERED.