United States v. Tuan Nguyen

Full title: UNITED STATES OF AMERICA, Plaintiff, v. TUAN NGUYEN, Defendant.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Mar 19, 2013

No. CR 3-12-70185 MEJ (N.D. Cal. Mar. 19, 2013)

Opinion

No. CR 3-12-70185 MEJ

03-19-2013

UNITED STATES OF AMERICA, Plaintiff, v. TUAN NGUYEN, Defendant.

MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division ELISE BECKER (NYBN 2540730) Assistant United States Attorney Attorneys for United States of America

MARIA-ELENA JAMES

MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
ELISE BECKER (NYBN 2540730)
Assistant United States Attorney
Attorneys for United States of America

JOINT REQUEST FOR ADDITIONAL

EVALUATION AND [PROPOSED]

ORDER

Pursuant to 18 U.S.C. §§ 4241(d) and 4246, the parties respectfully submit this joint request for a dangerousness examination to be conducted in this case.

The Forensic Evaluation submitted by the Federal Medical Center at Butner (FMC-Butner) signed February 7, 2013, found the defendant incompetent to proceed to trial and "not substantially likely to achieve competency in the foreseeable future." (Evaluation at 11) Therefore, the defendant is now subject to the provisions of 18 U.S.C. § 4246. Accordingly, the parties request that the Court order that the dangerousness examination be completed pursuant to 18 U.S.C. § 4247(b).

Respectfully submitted,

MELINDA HAAG

United States Attorney

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Elise Becker

Assistant United States Attorney

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Daniel Blank

Attorney for defendant Tuan Nguyen
SO ORDERED.

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HONORABLE MARIA-ELENA JAMES

United States Magistrate Judge