Opinion
Case No. 2:04CR-0060 TC.
December 3, 2004
JAMES A. VALDEZ, Attorney for Mr. Rocha, Salt Lake City, Utah.
Lana Taylor, Special Assistant United States Attorney, Salt Lake City, Utah.
ORDER FOR A COMPETENCY HEARING AND A MENTAL EVALUATION PURSUANT TO 18 U.S.C. § 4142(a)
Based on motion of the defendant and good cause shown:
It is hereby ORDERED that the defendant's motion for a competency hearing and mental examination and report is granted;
1. b. The Defendant is hereby committed to the custody of the Attorney General for transportation by the United States Marshal to a suitable federal facility for a psychiatric or psychological examination in accordance with 18 U.S.C. § 4247(b).
2. The examiner shall prepare and file with this Court a report in accordance with 18 U.S.C. § 4247(c), and provide copies to:
3. Said report shall be completed within a reasonable period, not to exceed thirty (30) days. The examiner may request a reasonable extension, not to exceed fifteen (15) days, upon a showing that additional time is necessary to observe and evaluate the defendant.
4. Upon completion of the said report the Defendant shall be transported back to the District of Utah forthwith, for a competency hearing.
5. Any further proceeding date is stricken, and the time between December 3, 2004, and the competency hearing is excluded pursuant to 18 U.S.C. § 3161(h)(1)(A).