U.S. v. REYES-HURTADO

JAMES ZAGEL, District Judge

This matter came before the court on the parties' agreed motion to modify the August 20, 2003, minute orders. As of August 20, 2003, there was a preponderance of evidence that Jose Reyes-Hurtado was mentally incompetent to understand the nature and consequences or the proceedings against him or to assist properly in his own defense. Accordingly, the court commits the defendant to the custody of the Attorney General.

It is hereby ordered that, pursuant to 18 U.S.C. § 4241(d)(1), Jose Reyes-Hurtado shall be hospitalized for treatment in a suitable facility for such reasonable period of tune, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to proceed.