United States District Court, D. Nevada
L. VALLADARES Federal Public Defender
PUGH Assistant Federal Public Defender
MOTION TO CONTINUE RESPONSE DEADLINE TO
GOVERNMENT'S MOTION TO ORDER INVOLUNTARY ADMINISTRATION
OF MEDICATION (ECF NO. 74) (First Request)
The undersigned attorney hereby certifies that this Motion
falls outside the parameters of the “Order Regarding
Pretrial Procedure, ” in effect for this case, and may
therefore be filed at any time in the interests of justice.
Defendant, Mirko Zeppellini, by and through his attorney,
Brian Pugh, Assistant Federal Public Defender, moves this
Court to extend the deadline for the Defendant's response
to the Government's motion (ECF No. 74) that is currently
set for Wednesday, January 3, 2018, to Monday, February 19,
2018. This motion is based upon the following points and
OF POINTS AND AUTHORITIES
Relevant Procedural and Factual Background
December 8, 2016, Mr. Zeppellini made his initial appearance
before the court and was arraigned. ECF No. 5. The court
ordered that Mr. Zeppellini be detained. ECF Nos. 5, 11. The
court ordered the appointment of the Federal Public Defender
to represent Mr. Zeppellini. ECF No. 8. On December 9, 2016,
the undersigned filed a notice of appearance. ECF No. 6.
February 6, 2017, this Court granted a motion to substitute
counsel. ECF Nos. 17, 18. On February 14, 2017, substitute
counsel moved to withdraw. ECF No. 19. On February 17, 2017,
this Court heard substitute counsel's motion to withdraw,
granted the motion, and reappointed the Federal Public
Defender to represent Mr. Zeppellini. ECF Nos. 21, 22. Based
upon this Court's observations at the hearing, this Court
ordered that Mr. Zeppellini be transferred to a Bureau of
Prisons (“BOP”) facility to have him evaluated
for competence pursuant to 18 U.S.C. §§ 4241, 4242,
and 4247. ECF No. 23. This Court ordered that the evaluation
take no more than 45 days. Id.
February 21, 2017, the undersigned filed a notice of
appearance. ECF No. 24.
March 6, 2017, Mr. Zeppellini was transported for his mental
competency evaluation. ECF No. 29.
March 14, 2017, this Court granted BOP's request to
extend the 45-day evaluation period to end on April 20, 2017
to account for the delay between this Court's original
order (ECF No. 23) and Mr. Zeppellini's arrival at the
BOP facility. ECF Nos. 31, 32.
April 28, 2017, BOP Forensic Psychologist Cynthia A. Low
submitted her report concluding that Mr. Zeppellini was not
competent to assist in his defense.
8, 2017, this Court convened a status conference and ordered
the parties to submit a stipulation regarding the issue of
restoring Mr. Zeppellini's competence. ECF No. 43. On May
10, 2017, the parties filed a Stipulation for the Placement
of the Defendant in a Facility. ECF No. 45. On May 12, 2017,
this Court ordered that Mr. Zeppellini be committed to the
custody of the Attorney General for a period of time not to
exceed four months to attempt to restore him to competence.
ECF No. 46.
November 27, 2017, this Court convened a status conference to
address the BOP's unofficial forensic psychological
report requesting involuntary medication to restore Mr.
Zeppellini to competence. ECF No. 64. This Court ordered that
once the BOP submitted ...