United States v. Mendoza-Chavez

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ISIDRO MENDOZA-CHAVEZ, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Mar 4, 2013

CASE NO. 09-CR-00182 AWI BAM (E.D. Cal. Mar. 4, 2013)

Opinion

CASE NO. 09-CR-00182 AWI BAM

03-04-2013

UNITED STATES OF AMERICA, Plaintiff, v. ISIDRO MENDOZA-CHAVEZ, Defendant.

ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

THAT DEFENDANT BE FOUND NOT

COMPETENT TO PROCEED TO TRIAL

On March 1, 2013, the Magistrate Judge issued Findings and Recommendations that defendant Isidro Mendoza-Chavez be found mentally incompetent and be committed to the custody of the Attorney General, pursuant to 18 U.S.C. §4241(d)(1). (Doc. 32.) The Findings and Recommendations also contained recommendations that the court be informed within a 120-day period whether defendant will attain the capacity to permit the trial to proceed. These Findings and Recommendations contained notice that any objections to the Findings and Recommendations were to be filed within ten (10) days. On March 1, 2013, the government filed a "Notice of Non-opposition to Findings and Recommendations." (Doc. 36.) Also on March 1, 2013, defendant filed a "Notice of No Objections to Findings and Recommendations." (Doc. 37.)

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, and based upon the nonobjections, the Court finds that the Findings and Recommendations are supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that the Findings and Recommendations issued on March 1, 2013, are ADOPTED AS FOLLOWS:

IT IS, THEREFORE, ORDERED that defendant Isidro Mendoza-Chavez be found, by a preponderance of the evidence, to be presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. It is further ORDERED that the defendant be committed to the custody of the Attorney General, pursuant to 18 U.S.C. § 4241(d)(1), for a reasonable period of time, not to exceed 120 days, to attempt to restore the defendant to competence.

It is further ORDERED that prior to the expiration of the 120-day period, the court be advised whether there is a substantial probability that in the foreseeable future, the defendant will attain the capacity to permit the trial to proceed, and whether commitment is necessary for an additional reasonable period of time until:

(a) his mental condition is so improved that trial may proceed, if the court finds that there is a substantial probability that within such additional period of time he will attain the capacity to permit the trial to proceed; or
(b) the pending charges against him are disposed of according to law; whichever is earlier.

IT IS SO ORDERED.

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SENIOR DISTRICT JUDGE