Free Motion to Appoint Expert - District Court of Arizona - Arizona

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Joanne F. Landfair, Esq. 331 North First Avenue Suite 106 Phoenix, AZ 85003-4528 (602) 452-2945, fax (602) 452-2997 Arizona State Bar # 009173 [email protected] Attorney for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

) ) Plaintiff, ) vs. ) ) JOSE M. PEÑA, ) ) Defendant. ) __________________________________)

UNITED STATES OF AMERICA,

No.CR-03-873-PHX-PGR REQUEST FOR COURTAPPOINTED PSYCHIATRIST

COMES NOW the defendant, Jose M. Peña, by and through his attorney undersigned, and hereby requests that the court appoint Dr. Jack Potts, M.D., 221 E. Indianola Ave., Phoenix, AZ 85012 (602.274.5494) to evaluate the defendant pursuant to 18 U.S.C. § 4241-4247. Defense counsel makes this request because her conversations with the defendant and his family and the results of the psychological evaluation by Dr. Walter cause counsel to question the defendant's mental status at the time of the alleged violation. Dr. Walter indicated that he felt it was important for the defendant to be evaluated psychiatrically. Dr. Potts' hourly rate is $200.00. Counsel requests that payment up to $1600.00 be authorized.

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AUSA Paul Rood has no objection to this motion.
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Excludable delay under 18 U.S.C. § 3161(h)_____ will occur as a result of this
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motion or an order based thereon.
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RESPECTFULLY SUBMITTED this 15th day of November, 2005.
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Peña-req for psychiatrist 11-14-05

s/Joanne F. Landfair Joanne F. Landfair, Esq.

CERTIFICATE OF SERVICE I hereby certify that on November 15, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: AUSA Paul Rood By: s/Joanne F. Landfair

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