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United States v. Hernandez-Guevara

United States District Court, D. Minnesota

February 4, 2019

United States of America, Plaintiff,
v.
Rodrigo Hernandez-Guevara (2), and Joyce LeeAnn Rios (3), Defendants.

          Thomas M. Hollenhorst, Esq., Assistant United States Attorney, counsel for Plaintiff.

          Ryan Christian Else, Esq., Brockton D. Hunter, PA, counsel for Defendant Hernandez-Guevara.

          Elizabeth M. Forsythe, Esq., Dorsey & Whitney LLP, counsel for Defendant LeeAnn Rios.

          ORDER

          BECKY R. THORSON UNITED STATES MAGISTRATE JUDGE

         This action came on for hearing before the Court on February 1, 2019, at the U.S. Courthouse, 316 North Robert Street, St. Paul, MN, 55101. The parties have filed various pretrial motions. Based on the file and documents contained therein, along with the memoranda and arguments of counsel, the Court makes the following Order:

         I. Motions by the Government

         1. Government's Motion for Discovery.

         The Government moves for discovery pursuant to Federal Rules of Criminal Procedure 16(b), 12.1, 12.2, 12.3, and 26.2. Defendants do not oppose this motion. Therefore, the Government's Motion for Discovery (Doc. No. 27) is GRANTED.

         2. Government's Supplemental Motion for Discovery of Expert Testimony.

         The Government moves for a written summary of testimony each Defendant intends to use under Rule 702, 703, and 705 of the Federal Rules of Evidence as evidence at trial. The Government requests that the summary describe the opinions of the witnesses, the bases and reasons therefore, and the witnesses' qualifications. The Government requests that the disclosures be made thirty days before trial, and that any rebuttal reports be noticed no later than ten days before trial. Defendants do not oppose this motion. Therefore, the Government's Supplemental Motion for Discovery of Expert Testimony (Doc. No. 49) is GRANTED.

         3. Government's Motion for Psychiatric Exam as to Defendant Rodrigo Hernandez-Guevara.

         The Government also moves for an Order directing that a psychiatric or psychological examination of Defendant Hernandez-Guevara be conducted. See 18 U.S.C. §§ 4241(a), 4242(a); Fed. R. Crim. P. 12.2(c). This motion was filed in response to Hernandez-Guevara's motion to appoint an expert medical witness to evaluate Hernandez-Guevara for “diminished capacity and post-traumatic stress disorder, ” asserting that he “did not have knowledge that what he was delivering . . . was a controlled substance, ” which would only be possible if he “was suffering from a defect of perception or intellect such that he did not fully understand the nature of the events around him or what he was doing.” (Doc. No. 52.)

         The Government's Motion for Psychiatric Exam as to Defendant Rodrigo Hernandez-Guevara (Doc. No. 57) is GRANTED. Defendant explained at the hearing that he is giving notice of an insanity defense pursuant to Rule 12.2(a) of the Federal Rules of Criminal Procedure. Since the Defendant has raised the issue of his mental competency at the time of the commission of the instant offenses, the Court shall order that a psychiatric or psychological examination of the defendant be conducted. See 18 U.S.C. § 4242(a); Fed. R. Crim. P. 12.2(c)(1)(B) (“If the defendant provides notice under Rule 12.2(a), the court must, upon the government's motion, order the defendant to be examined under 18 U.S.C. § 4242.”).

         IT IS HEREBY ORDERED that Defendant Rodrigo Hernandez-Guevara be committed to the custody of the Attorney General for a reasonable period, not to exceed forty-five days with a thirty-day extension for good cause shown, for a psychological examination to determine his competency to proceed in this matter and to determine the existence of insanity at the time of the offenses. See 18 U.S.C. § 4247(b). This examination is to be conducted in a suitable facility. See 18 U.S.C. § 4247(b). Pursuant to 18 U.S.C. §§ 4241(b) ...


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