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United States v. Zeppellini

United States District Court, D. Nevada

January 2, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MIRKO ZEPPELLINI, Defendant.

          RENE L. VALLADARES Federal Public Defender

          BRIAN 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)

         CERTIFICATION: 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.

         The 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 authorities:

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. Relevant Procedural and Factual Background

         On 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.

         On 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.

         On February 21, 2017, the undersigned filed a notice of appearance. ECF No. 24.

         On March 6, 2017, Mr. Zeppellini was transported for his mental competency evaluation. ECF No. 29.

         On 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.

         On April 28, 2017, BOP Forensic Psychologist Cynthia A. Low submitted her report concluding that Mr. Zeppellini was not competent to assist in his defense.

         On May 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.

         On 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 ...


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