Case 5:07-cr-00612-JF
Document 24
Filed 03/06/2008
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Defendant, Abel Lamas Pacheco, appeared before the Court on January 16, 2008, at 17 which time defense counsel declared a doubt regarding the defendant's competence to proceed. 18 The Court stated that based on its own observations regarding the defendant, a mental 19 examination appeared warranted. 20 Accordingly, pursuant to 18 U.S.C. §§ 4241 (a) and (b), the Court HEREBY ORDERS 21 that the defendant be designated to a suitable facility within the Bureau of Prisons, to be 22 evaluated with respect to his competence. The defendant shall promptly be transported to said 23 facility. The Court further orders that a report be prepared and filed with the Court pursuant to 24 18 U.S.C. §§ 4247 (b) and (c). 25 A further status hearing is set in this matter for May 14, 2008. In the event that the 26
[PROPOSED] ORDER RE: MENTAL EVALUATION CR 07-00612 JF
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
) ) Plaintiff, ) ) ) vs. ) ) ABEL LAMAS PACHECO, ) ) Defendant. _____________________________________ )
No. CR-07-00612 JF -------------------[PROPOSED] ORDER REFERRING DEFENDANT TO BUREAU OF PRISONS FOR MENTAL EVALUATION PURSUANT TO 18 U.S.C. §§ 4241 AND 4247
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Case 5:07-cr-00612-JF
Document 24
Filed 03/06/2008
Page 2 of 2
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evaluation has not been completed by that date, the parties shall so advise the Court. IT IS FURTHER ORDERED THAT the period of time from February 13, 2008, shall be excluded from the period of time within which trial must commence under the Speedy Trial Act, 18 U.S.C. § 3161 et seq, because time is needed for the defendant's mental examination.
Dated: 3/5/08
____________________________ JEREMY FOGEL United States District Judge
[PROPOSED] ORDER RE: MENTAL EVALUATION CR 07-00612 JF
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