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