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United States v. Olivera-Ruelas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Apr 9, 2013
NO. 1:12-cr-00243 AWI-BAM (E.D. Cal. Apr. 9, 2013)

Opinion

NO. 1:12-cr-00243 AWI-BAM

04-09-2013

UNITED STATES OF AMERICA, Plaintiff, v. ISMAEL OLIVERA-RUELAS, Defendant.

JOSEPH SCHLESINGER, #87692 Acting Federal Defender MARC DAYS, CA Bar #184098 Assistant Federal Defender Designated Counsel for Service Attorneys for Defendant ISMAEL OLIVERA-RUELAS


JOSEPH SCHLESINGER, #87692
Acting Federal Defender
MARC DAYS, CA Bar #184098
Assistant Federal Defender
Designated Counsel for Service
Attorneys for Defendant
ISMAEL OLIVERA-RUELAS

ORDER FOR PSYCHIATRIC OR

PSYCHOLOGICAL EXAMINATION

PURSUANT TO 18 U.S.C. §4241(b)


Judge: Hon. Barbara A. McAuliffe

In counsel's oral motion to the Court on April 8, 2013, counsel represented his concern that his client lacks the present ability to consult with counsel in a meaningful way and that he is unable to assist properly in his defense. The Court finds that once the Court is presented with representations which form reasonable cause to believe the defendant lacks the mental fitness to proceed, whether by motion, by facts coming before it, or through its own observations, the Court is mandated to order a psychiatric or psychological exam. See generally Chavez v. United States, 656 F.2d 512, 516-18 (9th Cir.1981).

IT IS ORDERED that pursuant to 18 U.S.C. §4241(b), a psychiatric or psychological examination of defendant Ismael Olivera-Ruelas be conducted and that a psychiatric or psychological report be filed with the court pursuant to the provisions of 18 U.S.C. §4247(b) and (c). It is further ORDERED that defendant is committed to the custody of the Attorney General, and the United States Marshal's Service is directed to transfer defendant to a suitable facility for examination.

IT IS SO ORDERED.

Barbara A. McAuliffe

UNITED STATES MAGISTRATE JUDGE


Summaries of

United States v. Olivera-Ruelas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Apr 9, 2013
NO. 1:12-cr-00243 AWI-BAM (E.D. Cal. Apr. 9, 2013)
Case details for

United States v. Olivera-Ruelas

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. ISMAEL OLIVERA-RUELAS, Defendant.

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

Date published: Apr 9, 2013

Citations

NO. 1:12-cr-00243 AWI-BAM (E.D. Cal. Apr. 9, 2013)