Opinion
Case No. 3:13-CR-013
02-12-2014
JUDGE WALTER H. RICE
DECISION AND ENTRY REFERRING DEFENDANT TO DR. MASSIMO DE
MARCHIS, PSY. D., PURSUANT TO 18 U.S.C. §3552(c), FOR A
PSYCHOLOGICAL EVALUATION WITH SPECIFIC FOCUS
This Court refers the captioned Defendant to Dr. Massimo De Marchis, Psy. D., for a complete mental status evaluation, pursuant to 18 U.S.C. §3552(c). Specifically, the Defendant has been diagnosed with a myriad of mental health issues, to wit: paranoid schizophrenia, bipolar disorder, personality disorder, etc. Moreover, he withdrew from school in the sixth grade and is limited in his ability to read, write and comprehend. This Court would appreciate Dr. De Marchis' conducting a series of both interviews and psychological tests to determine the existence of a mental health diagnosis(es), if any, and the extent of his learning disability, if any. Should Dr. De Marchis find the Defendant to be intellectually disabled/learning disabled, the Court would appreciate being advised as to means to address such deficits in the community.
The Court will furnish Dr. De Marchis both the Presentence Report and the Defendant's Sentencing Memorandum, both of which are essential in giving a full picture of this Defendant.
The contact for Dr. De Marchis to reach the Defendant, who is not presently in custody, is Attorney Anthony VanNoy, 130 West Second Street, Suite 1624, Dayton, OH 45402, 937-222-7477.
It is the request of this Court that Dr. De Marchis not evaluate the Defendant for a period of seven days following receipt of this entry, in order that the prosecutor and defense counsel may be given the opportunity to furnish any other materials they feel might be helpful in the proposed psychological evaluation.
Sentencing will be held at 1:30 p.m. on March 25, 2014. The Court would appreciate Dr. DeMarchis' attendance at 1:30 for approximately 30 minutes' time, in order to testify regarding the evaluation he will be furnishing the Court.
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WALTER H. RICE
UNITED STATES DISTRICT JUDGE
Copies to: Counsel of record