USA v. Cobena et al

Middle District of Florida, flmd-8:2017-cr-00114-334642

ORDER ON COMPETENCY as to Julio Cesar Chancay Quimis. Signed by Magistrate Judge Julie S. Sneed on 6/4/2018. (JRB)

Interested in this case?

Current View

Full Text

PageID 407 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. Case No.: 8:17-cr-114-T-36JSS JULIO CESAR CHANCAY QUIMIS / ORDER THIS MATTER is before the Court for a determination of Defendant's competency to stand trial under 18 U.S.C. § 4241, subsequent to Defendant's remand to the custody of the Attorney General under 18 U.S.C. § 4241. (Dkt. 77.) After more than three months of observation, testing, and clinical interviews by the medical staff at the Federal Medical Center in Butner, North Carolina, the Warden at the facility certified that Defendant is competent to proceed to trial in this case. (Dkt. 116-1.) Now that both sides have been furnished with a copy of that report, Defendant concedes he is competent, and neither he nor the Government demand a formal competency hearing. See 18 U.S.C. § 4241(d). Accordingly, given his concession and for the reasons stated at today's hearing on the issue, it is ORDERED that Defendant is presently competent in that he can understand the nature and consequences of the proceedings against him and assist properly in his defense. Accordingly, Defendant is remanded to the custody of the United States Marshals Service for further proceedings in this case. DONE and ORDERED in Tampa, Florida, on June 4, 2018. Copies furnished to: Counsel of Record