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United States v. Pajas

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 27, 2013
No. CR 12-00724 LHK (N.D. Cal. Mar. 27, 2013)

Opinion

No. CR 12-00724 LHK

03-27-2013

UNITED STATES OF AMERICA, Plaintiff, v. DEVON HENRIQUE PAJAS, Defendant.


[PROPOSED] ORDER FINDING

DEFENDANT INCOMPETENT AND

COMMITTING DEFENDANT PURSUANT

TO 18 U.S.C. § 4241(d) AND EXCLUDING

TIME TO JUNE 5, 2013

Having reviewed the Forensic Evaluation (hereinafter "Evaluation"), dated February 28, 2013, prepared by Forensic Unit Psychologist Cynthia A. Low, Ph.D., and reviewed by Chief Psychologist Katherine Skellestad Winans, Ph.D., of the Federal Detention Center, SeaTac, Washington, the Court finds by a preponderance of the evidence that defendant Devon Henrique Pajas is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.

The Court hereby orders that Mr. Pajas be committed to the custody of the Attorney General, for hospitalization and treatment in a suitable facility for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the proceedings to go forward, pursuant to 18 U.S.C. § 4241(d)(1).

It is further ordered that the United States Marshals Service shall transport Mr. Pajas to the facility designated by the Attorney General or his designee within 10 days of receipt of the facility designation.

It is further ordered that the parties shall appear on Wednesday, June 5, 2013, at 9:00 a.m., for further hearing as to Mr. Pajas' mental status; the personal presence of Mr. Pajas at this hearing may be excused, to the extent that he remains in the custody of the Attorney General for continued treatment necessary for restoration of his mental competence. The time through and including June 5, 2013, shall be excluded from the computation of time within which trial shall commence, as a period of delay resulting from the fact of Mr. Pajas' mental incompetence, pursuant to 18 U.S.C. § 3161(h)(4).

____________________

HON. LUCY H. KOH

United States District Judge


Summaries of

United States v. Pajas

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 27, 2013
No. CR 12-00724 LHK (N.D. Cal. Mar. 27, 2013)
Case details for

United States v. Pajas

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. DEVON HENRIQUE PAJAS, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Mar 27, 2013

Citations

No. CR 12-00724 LHK (N.D. Cal. Mar. 27, 2013)