Free Order - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COURT
2 DISTRICT OF ARIZONA
7 United States of America,
8 _ _ CR-04-001202-3-PHX-JAT
Plarntifrj
9 AMENDED
v. ORDER
10 Dennis Barcelo Gaytan (O3),
1 1 Defendant.
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1 3 Upon motion ofthe defendant, and the determination by a preponderance ofthe evidence
14 that the defendant Dennis B. Gaytan, is presently suffering from a mental disease or defect
15 rendering him mentally incompetent to the extent that he is unable to understand the nature and
16 consequences of the proceeding against him or to assist properly in his defense.
17 IT IS ORDERED pursuant to Title 18 United States Code, Section 4241(d) that the
18 defendant Dennis B. Gaytan, is ordered committed to the custody of the Attorney General for
19 treatment in a suitable facility for a reasonable period of time, not to exceed four months, as is
20 necessary to determine whether there is a substantial probability that in the foreseeable future
21 that he will attain the capacity to permit the trial to proceed. If additional time is needed, the
22 director of the facility, may apply for a reasonable extension, no more than 30 days.
` 2 3 IT IS FURTHER ORDERED that a psychiatric or psychological report shall be prepared
UM. 24 bythe examiner designated to conduct the psychiatric or psychological examination, shall be
25 filed with the Court with copies provided to the counsel for the person examined and to the
26 attorney for the Government, and shall include: (1) the person’s history and present symptoms;
27 (2) a description of the psychiatric, psychological, and medical tests that were employed and
28 their results; (3) the examiner’s findings; and (4) the examiner’s opinions as to diagnosis
Case 2:04—cr—01202—JAT Document 102 Filed 10/24/2005 Page 1 of 2

1 prognosis and whether the person is suffering from a mental disease or defect rendering him
2 mentally incompetent to the extent that he is unable to understand the nature and consequences
3 of the proceedings against him or to assist properly in his defense.
4 IT IS FURTHER ORDERED pursuant to Title 18 United States Code, Section 424l(e)
5 when the director of the facility in which the defendant is hospitalized determines that the
6 defendant has recovered from the mental disease or defect to such an extent that he is able to
A 7 understand the nature an consequences ofthe proceedings against him and to assist properly in
8 his defense, the director shall promptly file a certificate to that effect with the clerk ofthe United
9 States District Court for the District of Arizona.
10 IT IS FURTHER ORDERED upon request of Warden A. F. Beeler, Federal
1 1 Correctional Complex (FCC), Butner, North Carolina (original attached), received by this
12 Court on October 17, 2005, and said request being granted on October 18, 2005, the
13 evaluation shall begin on October 13, 2005 and end on February 9, 2006.
14 IT IS FURTHER ORDERED affirming status conference is set for February 22, 2006 at
15 11:30 a.m. before Judge Teilborg.
16 DATED this O2 O day of October, 2005.
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Case 2:04—cr—01202-JAT Document 102 Filed 10/24/2005 Page 2 of 2

Case 2:04-cr-01202-JAT

Document 102

Filed 10/24/2005

Page 1 of 2

Case 2:04-cr-01202-JAT

Document 102

Filed 10/24/2005

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