Opinion
1:23-mj-30419
06-17-2024
UNITED STATES OF AMERICA, Plaintiff, v. ISABELLA LUCIA CLOUD, Defendant.
HONORABLE THOMAS L. LUDINGTON UNITED STATES DISTRICT JUDGE
ORDER EXTENDING TIME FOR EXAMINER TO SUBMIT REPORT AND EXCLUDING DELAY
HONORABLE PATRICIA T. MORRIS UNITED STATES MAGISTRATE JUDGE
On February 20, 2024, this Court granted the government's motion for defendant Isabella Lucia Cloud to undergo a psychological evaluation to determine whether Defendant was insane at the time of the offense charged under 18 U.S.C. § 4242 and whether Defendant is competent to stand trial under 18 U.S.C. §§ 4241. (ECF No. 21) The warden at the facility where Defendant was committed for evaluation sent a letter seeking a 30-day extension to complete Defendant's examination report because Defendant did not arrive at the center until April 11, 2024. See 18 U.S.C. § 4247(b) (permitting 30-day extension to complete psychological examination under § 4242 where director of facility applies for extension and makes a good cause showing “that the additional time is necessary to observe and evaluate the defendant”).
Finding good cause to grant the 30-day extension, because it is “necessary to observe and evaluate” Defendant, 18 U.S.C. § 4247(b), a 30-day extension will be granted.
Accordingly, it is ORDERED that the deadline for the examining psychiatrist or psychologist to submit the written report to this Court, defense counsel, and the Assistant United States Attorney is ADJOURNED to June 26, 2024.
Further, it is ORDERED that the additional time is EXCLUDED as delay under the Speedy Trial Act under 18 U.S.C. §§ 3161(h)(1)(A), (F).