United States v. Lugo

Full title: UNITED STATES OF AMERICA v. JOSEPH LUGO

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Date published: Jan 12, 2017

Case No. 8:15-cr-507-T-33MAP (M.D. Fla. Jan. 12, 2017)

Opinion

Case No. 8:15-cr-507-T-33MAP

01-12-2017

UNITED STATES OF AMERICA v. JOSEPH LUGO

VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE

ORDER

This cause is before the Court pursuant to Defendant Joseph Lugo's Unopposed Motion for Competency Examination (Doc. # 28), filed on January 11, 2017. The Court grants the Motion as explained below. Discussion

Lugo has been charged, along with a co-defendant, in an indictment with one count of conspiracy, in violation of 18 U.S.C. § 371, and nine counts of theft of government property, in violation of 18 U.S.C. §§ 641 and 2. (Doc. # 1). Lugo has entered a plea of not guilty and has waived speedy trial through March 31, 2017. (Doc. # 16). The matter is set for the February 2017, trial term. (Doc. # 18).

Lugo requests an Order for a competency examination to determine (a) whether Lugo is currently suffering from a mental disease or defect (testing for organic or neurocognitive disorder and intellectual disability), and (b) whether that disease or defect has rendered him incompetent to the extent that he is not capable of understanding the nature and consequences of the proceeding against him and/or assisting in his own defense. Lugo also requests that the examination include "testing for intellectual disability to gauge this issue relative to the rest of Mr. Lugo's symptoms." (Doc. # 28 at 2). The Court grants the Motion pursuant to 18 U.S.C. § 4241(a),(b) and 4247(b),(c). The Court appoints Dr. Valerie McClain to conduct the examination.

Accordingly, it is

ORDERED, ADJUDGED, and DECREED (1) Defendant Joseph Lugo's Unopposed Motion for Competency Examination (Doc. # 28) is GRANTED. (2) The Court appoints Dr. Valerie McClain to perform a competency examination of Lugo to determine (a) whether Lugo is currently suffering from a mental disease or defect (testing for organic or neurocognitive disorder and intellectual disability), and (b) whether that disease or defect has rendered him incompetent to the extent that he is not capable of understanding the nature and consequences of the proceeding against him and/or assisting in his own defense.

DONE and ORDERED in Chambers in Tampa, Florida, this 12th day of January, 2017.

/s/_________

VIRGINIA M. HERNANDEZ COVINGTON

UNITED STATES DISTRICT JUDGE