Opinion
THOMAS P. O'BRIEN, United States Attorney CHRISTINE C. EWELL, Assistant United States Attorney Chief, Criminal Division JEFF P. MITCHELL (Cal. State Bar No. 236225) Assistant United States Attorney Domestic Security and Immigration Crimes, Attorneys for Plaintiff United States of America.
[PROPOSED] ORDER FOR EXAMINATION OF DEFENDANT'S MENTAL STATUS TO DETERMINE MENTAL COMPETENCY
GEORGE P. SCHIAVELLI District Judge.
Pursuant to 18 U.S.C. §§ 4241(a) and 4242(a), IT IS HEREBY ORDERED that:
(1) the Federal Bureau of Prisons (the "BOP") shall conduct a mental competency examination of defendant RODOLFO MARTINEZ ("defendant") pursuant to the procedures set forth in 18 U.S.C. § 4247(b) and (c), in order to determine whether defendant is competent to stand trial and/or to change his plea from "Not Guilty" to "Guilty, " and whether defendant was competent at the time of the offense; (2) all medical records of defendant shall be made available for the BOP to review in its examination of defendant's mental competency; and (3) the BOP shall submit to the Court and the parties a report addressing defendant's mental competency no later than Friday, October 17, 2008, at 5:00 p.m.
Should the parties desire a competency hearing, they shall notify the Court within five (5) days of receipt of the results of the competency examination.
IT IS SO ORDERED.