Free Order on Motion to Amend/Correct - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Joseph Richard Pedro, 13 Defendant. 14 15 16 The court has before it defendant's amended motion for psychological evaluation. It 17 is not entirely clear what the defendant is seeking. For example, the defendant cites 18 18 U.S.C. § 4241(a) and (b), which specifically refer to a determination of mental competency 19 to stand trial. And, in fact, the defendant suggests that Dr. Barry would "conduct the 20 competency evaluation." 21 On the other hand, the text of the motion states that its purposes are "mitigation and 22 possible defenses." Thus, it may be that the defendant is seeking the appointment of an 23 expert under 18 U.S.C. § 3006(A)(e), or is intending to file a notice of insanity defense under 24 Rule 12.2, Fed. R. Crim. P., or the defendant may be anticipating a presentence examination 25 for mitigation purposes under 18 U.S.C. § 3552(c). 26 To the extent that the defendant is seeking a competency exam under 18 U.S.C. § 27 4241, IT IS ORDERED DENYING it because we held a competency hearing on July 17, 28
Case 2:04-cr-01273-FJM Document 105 Filed 02/02/2007 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs.

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CR 04-1273-PHX-FJM ORDER

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2006 based upon the report of Dr. Hollebeek, and found the defendant competent to stand trial. Defendant fails to suggest that there has been any change in the defendant's condition to warrant a new hearing. If, on the other hand, the defendant is simply seeking the appointment of an expert under § 3006(A)(e), then he should so expressly state and give us the basis for his seeking such an appointment. At all events, defendant's amended motion for psychological evaluation is DENIED for the above stated reasons. This is without prejudice to the right of the defendant to refile such a motion telling us precisely what he is seeking and why. DATED this 1st day of February, 2007.

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