BARRY J. PORTMAN

Federal Public Defender

STEVEN G. KALAR

Assistant Federal Public Defender

440 Golden Gate Avenue

San Francisco, CA 94102

Telephone: (415) 436-7700

 

Counsel for Defendant XXXX

 

 

 

 

 

                                      IN THE UNITED STATES DISTRICT COURT

 

                                 FOR THE NORTHERN DISTRICT OF CALIFORNIA

 

 

 

UNITED STATES OF AMERICA,

 

              Plaintiff,

 

         v.

 

XXXX XXXX,

 

              Defendant.

 

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No. CR 00-0000 ABC

 

DEFENDANT=S UNOPPOSED MOTION TO DETERMINE MENTAL COMPETENCY OF DEFENDANT

 

 

 

Hearing Date: January 26, 2001 at 11:00

 

 

 

In this unopposed motion to determine the mental competency of defendant, Ms. XXXX moves by and through counsel pursuant to U.S. Const. Amend. V and 18 U.S.C. ' 4241 for a local psychiatric or psychological examination of the defendant, and to hold a hearing to determine whether Ms. XXXX is competent to proceed in this matter.

Undersigned counsel has represented to the Court his concerns that his client may not be competent to stand trial.  In order to find a defendant incompetent, this Court must find by a preponderance of the evidence that the defendant is suffering from a mental disease or defect rendering her mentally incompetent to the extent that she is unable to understand the nature and consequences of the proceedings against her or assist properly in her defense.  See 18 U.S.C. ' 4241, Dusky v. United States, 362 U.S. 402 (1960).

Pursuant to 18 U.S.C. ' 4241(b) a local psychiatric or psychological examination and report of Ms. XXXX is requested.  By Alocal,@ it is intended that an evaluation be conducted by a psychologist or psychiatrist near to Ms. XXXX=s residence, which is in XXXXX, Florida.  After the report is filed, counsel requests a hearing on the issue of competency pursuant to 18 U.S.C. ' 4241(c).

Counsel for the government, AUSA John Lyons, does not oppose this motion.

                                                                     Conclusion

For the foregoing reasons, counsel for Ms. XXXX respectfully requests this Court to order a local psychiatric or psychological examination and report on Ms. XXXX, to hold a hearing to determine her mental competency to proceed and for such other and further relief as the Court deems proper.

 

 

Dated: April 14, 2005

 

Respectfully submitted,

 

BARRY J. PORTMAN

Federal Public Defender

 

 

 

STEVEN G. KALAR

Assistant Federal Public Defender