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Victim of Home Invasion Was Charged With Drugs and Ammo Now 4 Month Mental Exam

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, July 11 – Felix Rodriguez was the victim of a home invasion of his Bronx apartment on August 16, 2020. But when the police came, they found drugs and ammunition and charged him.    

      On April 15, U.S. District Court for the Southern District of New York Judge J. Paul Oetken held an in-person change of plea proceeding. Inner City Press went and covered it, as one of only two people in the gallery.   

 The defense has a report that Rodriguez is not competent to be charged. The US Attorney's Office wants another opinion, and named a doctor.

Judge Oetken, after asking if the order could or should be docketed, ordered an examination pursuant to 18 USC 4247.

On July 8 the US filed a proposed order, after a finding of non-competence by Dr. Cheryl Paradis, to commit the defendant to a "suitable facility" for four months for determine if there is a substantial probability that in the foreseeable future the defendant will attain the capacity to permit criminal proceedings to go forward."

On July 11, Judge Oetken ordered: "ORDER as to Felix Rodriguez: IT IS HEREBY ORDERED, pursuant to 18 U.S.C. § 4241(d), that the defendant be committed to the custody of the Attorney General of the United States; and it is further ORDERED, pursuant to 18 U.S.C. § 4241(d)(1), that the Attorney General shall hospitalize the defendant as soon as possible for treatment in a suitable facility for such reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future the defendant will attain the capacity to permit criminal proceedings to go forward against him; and it is further ORDERED that the Attorney General shall designate and transport the defendant to the suitable facility at which the defendant will be hospitalized as expeditiously as possible; and it is further ORDERED that a Bureau of Prisons ("BOP") Federal Medical Center for prisoners can be a "suitable facility" under 18 U.S.C. §§ 4241(d) and 4247(a)(2); and it is further ORDERED that the period for the defendant's commitment pursuant to 18 U.S.C. § 4241(d)(1) shall commence upon his arrival at the suitable facility; and it is further ORDERED that, should the suitable facility find at any time that the defendant has attained the capacity to permit criminal proceedings to go forward against him, the BOP shall notify the Court as soon as practicable; and it is further ORDERED that, upon the expiration of 30 days from the date of this Order, the BOP shall provide an interim report to the Court, the United States Attorney's Office, and defense counsel regarding the defendant's medical and psychological condition; the diagnosis of the examiner(s) at the suitable facility where the defendant is hospitalized who are assigned to examine the defendant; and the view of the examiner(s) as to prognosis; and it is further ORDERED that at the conclusion of the examination, evaluation, and treatment of the defendant in accordance with this Order, the BOP shall make a report of its findings as provided by 18 U.S.C. §§ 4247(c)(1), (2),(3), and (4)(A); and it is further ORDERED that in evaluating the defendant and preparing any and all of the reports required by this Order, the examiner(s) at the suitable facility where the defendant is hospitalized who are assigned to examine the defendant shall consider, among any other pertinent materials, the report referenced in this Order, as well as any further documents that the Court may direct, and that the Government shall, to the extent necessary, provide copies of all such documents to the relevant person(s) at the suitable facility where the defendant is hospitalized; and it is further ORDERED that the Government ensure that this Order is provided promptly to the appropriate personnel at the BOP and U.S. Marshals Service so that there are no undue delays in the designation and transportation of the defendant."

The case is US v. Rodriguez, 21-cr-361 (Oetken)

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