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United States v. White

United States District Court, D. Nevada

July 20, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MARCUS DAMONE WHITE, Defendant.

          DAYLE ELIESON United States Attorney Brandon C. Jaroch

          BRANDON C. JAROCH Assistant United States Attorney Mace Yampolsky

          MACE YAMPOLSKY, Esq. Counsel for WHITE

          STIPULATION FOR AN ORDER UNDER TITLE 18 U.S.C. § 4246, ET.SEQ.

          HONORABLE NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE.

         IT IS HEREBY STIPULATED AND AGREED, by and between DAYLE ELIESON, United States Attorney, BRANDON C. JAROCH, Assistant United States Attorney, counsel for the United States of America and MACE YAMPOLSKY, Esq., counsel for the defendant MARCUS DAMONE WHITE, that:

         1. The Parties, having the benefit of the Forensic Report, dated June 4, 2018, and filed with the Court (ECF No. 43, Sealed), wish to submit this Stipulation and agreement to ask that this Honorable Court issue the appropriate Order as more fully described herein.

         2. The Parties agree that the defendant, Marcus Damone White, was committed to a suitable facility according to the authority of Title 18 U.S.C. § 4241(d), so as to determine the mental competency of Mr. White to stand trial or undergo post-release proceedings.

         3. Through examination and attempted therapy, the facility reports that Mr. White's condition has not improved so as to permit these proceedings to go forward in the normal course. Therefore, the Parties agree that the requirements of Title 18, United States Code, Section 4246 are triggered.

         4. The Parties recognize and agree that 18 U.S.C. § 4246(a) has as a requirement that the Bureau of Prisons make a determination as to whether the person (Mr. White) is currently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property. Upon that determination, the Bureau of Prisons must submit a certificate addressing the dangerousness of the person to the Court. However, before the Court can Order that such a determination take place, the Parties agree that the Court must first make a finding that Mr. White's mental condition has indeed, not improved sufficiently.

         5. It is therefore agreed between counsel for both the United States and for Mr. White, that on the strength of the existing Report (ECF No. 43, Sealed), and all the pleadings and papers heretofore filed in this case, that Mr. White may fairly and legally be considered incompetent to proceed, as measured under Title 18 U.S.C. § 4246(b), and consequently they join in asking this Court to enter the appropriate finding by clear and convincing evidence, and that the Court then Order that the facility examine Mr. White to determine if his release would create a substantial risk of bodily injury to another person or serious damage to property of another. See 18 U.S.C. § 4246(a) & (d).

         ORDER

         FINDINGS OF FACTS

         Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:

         1. The Parties, having the benefit of the Forensic Report, June 4, 2018, and submitted to the Court (ECF No. 43, Sealed), wish to submit this Stipulation and agreement to ask that this Honorable ...


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