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UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

-oOo-

UNITED STATES OF AMERICA,

2:13-cr-00138-LDG-CWH

Plaintiff,

ORDER

vs.

ANTHONY WILLIAM LOPEZ,

Defendant.

Based upon the pending Motion from by the defense, and no objection by the Government to

said Motion, and good cause appearing thereof,

IT IS HEREBY ORDERED that in accordance with Title 18, United States Code, Sections

4241, 4242, 4247, and Rule 12.2(c) of the Federal Rules of Criminal Procedure, the United States

Marshal Service shall forthwith transport ANTHONY WILLIAM LOPEZ, defendant herein, to a

suitable BOP facility that conducts psychological evaluations closest to the Court, for psychiatric or

psychological evaluation to determine:

(1)

whether defendant ANTHONY WILLIAM LOPEZ mat presently be suffering from a

mental disease or defect rendering him mentally incompetent to the extent that he is unable to

understand the nature and consequences of the proceeding against him or to assist properly in his

defense; and

(2)

whether defendant ANTHONY WILLIAM LOPEZ suffered from a mental disease or

defect rendering him mentally incompetent at the time of the commission of the offense charged.

IT IS FURTHER ORDERED that defendant ANTHONY WILLIAM LOPEZ shall be held in

said facility for a reasonable period of time, not to exceed 45 days, unless extended by further order

of the Court upon showing good cause by the Director of the said facility or pursuant to other

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Case 2:13-cr-00138-LDG-CWH Document 18 Filed 07/03/13 Page 4 of 5

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appropriate motion for a period of up to 30 additional days. 18 U.S.C. § 4247(b).

IT IS FURTHER ORDERED that the examination conducted pursuant to this Order be

conducted by one or more licensed or certified psychiatrists or clinical psychologists. 18 U.S.C. §

4247(b).

IT IS FURTHER ORDERED that within 45 days from the date of entry of this Order, or

such additional period as may be ordered by the Court, the Director of the said facility at which the

examination has been conducted shall prepare, or cause to be prepared, a psychiatric or

psychological report to the Clerk of the United States District Court for the District of Nevada, to

Cristina D. Silva, Assistant United States Attorney, and to William Carrico, Assistant Federal Public

Defender, counsel for defendant.

IT IS FURTHER ORDERED that the said report prepared pursuant to this Order shall

include:

(1)

(2)

Defendant’s history and present symptoms;

A description of the psychiatric, psychological or medical tests that were employed

and their findings;

(3)

(4)

The examiner’s findings;

The examiner’s opinions as to diagnosis, prognosis, and whether the defendant is

competent to stand trial, the test of which is whether he may presently be suffering from a mental

disease or defect rendering him mentally incompetent to the extent that he is unable to understand

the nature and consequences of the proceedings against him or to assist properly in his defense; and

(5)

The examiner’s opinions as to diagnosis and whether the defendant was insane at the

time of the offense charged, the test is whether, at the time of the commission of the acts constituting

the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the

nature and quality of the wrongfulness of his acts. 18 U.S.C. §§ 17(a), 4241(a) and 4247(c).

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Case 2:13-cr-00138-LDG-CWH Document 18 Filed 07/03/13 Page 5 of 5

The Court finds that the period of time required by the above-described psychiatric or

psychological examination of defendant, and the Court’s determination of defendant’s competency

to stand trial and his sanity at the time of the offense charged is excludable time under the United

States Constitution, the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(A), and

Rule 5.1 of the Federal Rules of Criminal Procedure.

Dated this _____ day of July, 2013.

HON. CARL W. HOFFMAN
UNITED STATES MAGISTRATE JUDGE

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