United States District Court, D. Arizona
Plaintiff, represented by David Patrick Savel, U.S. Attorneys
REPORT AND RECOMMENDATION OF COMPETENCY
THOMAS FERRARO, Magistrate Judge.
to a request by Defendant's counsel, the Court conducted
a competency proceeding which took place on September 9 and
September 13, 2016. (Docs. 35, 40, 15-01308-RCC-DTF)
Defendant was present and represented by counsel. The matter
was taken under advisement following the testimony. (Doc. 40,
15-01308-RCC-DTF; Doc. 115, 14-00507-RCC-DTF)
considered the entirety of the record, including all written
competency evaluations, testimony and all exhibits, the
Magistrate Judge recommends that the District Court, after
its independent review, find by a preponderance of the
evidence that Defendant is competent to proceed to trial.
case before the Court has a long and circuitous history,
which the Court considered in reaching its findings.
February 2014, Francisco Garcia-Gastelum
("Defendant") was arrested and charged with illegal
reentry of a removed alien. (Docs. 1 and 5, United States
v. Francisco Garcia-Gastelum, 14-00507-RCC-DTF ("
Garcia-Gastelum I ")). In Garcia-Gastelum
I, attorney Matthew McGuire was appointed to represent
Defendant. (Doc. 3, Garcia-Gastelum I ). Defendant
was tried and convicted. (Docs. 49, 50, 58,
Garcia-Gastelum I ). As noted in the Presentence
Report in Garcia-Gastelum I, Defendant had, years
earlier, been diagnosed with depression and psychotic
features, but Defendant claimed he had not suffered any major
psychological incidents since 2001. (Doc. 72 at Â¶ 35,
Garcia-Gastelum I ). On March 13, 2015, Defendant
was sentenced to 16 months imprisonment with three years'
supervised release. (Docs. 75, 76, 77, Garcia-Gastelum
I ). On March 19, 2015, Defendant filed a notice of
appeal. (Doc. 78, Garcia-Gastelum I ).
23, 2015, Defendant was again arrested for allegedly
committing a new violation of illegal reentry of a removed
alien. (Doc. 1, United States v. Garcia-Gastelum,
4:15-cr-01308-RCC (DTF) (" Garcia-Gastelum II
")) Attorney Henry Jacobs was appointed to represent
Defendant. (Doc. 4, Garcia-Gastelum II ) Thereafter,
the grand jury returned an indictment charging Defendant with
the offense of illegal reentry of a removed alien. (Doc. 6,
Garcia-Gastelum II ) At the time of Defendant's
arrest, he was still serving his term of supervised release
in Garcia-Gastellum I. (Doc. 77, Garcia-Gastelum
I ) As such, on September 4, 2015, probation field a
Petition to Revoke Supervised release. (Doc. 88,
Garcia-Gastelum I ). Attorney Henry Jacobs was
appointed to represent Defendant in the supervised release
matter, while attorney Matthew McGuire continued to represent
Defendant in his appeal before the Ninth Circuit. (Doc. 90,
Garcia-Gastelum I ).
September 18, 2015, Defendant moved the Court for an order
directing that a competency examination be performed by Dr.
Barry Morenz. (Doc. 14, Garcia-Gastelum II )
Defendant's request was granted (Doc. 15,
Garcia-Gastelum II ) and, on January 5, 2016, the
Court held a status conference regarding Defendant's
competency. (Doc. 20, Garcia-Gastelum II ). Dr.
Morenz's report was received by the Court and filed under
seal. (Doc. 21, Garcia-Gastelum II ). Based on Dr.
Morenz's findings the Court ordered Defendant committed
to the custody of the Attorney General to be hospitalized for
a reasonable period of time for restoration. (Doc. 22,
Garcia-Gastelum II ).
25, 2016, the matter came back before the Court for status
regarding Defendant's mental competency. (Doc. 28,
Garcia-Gastellum II ) A Psychiatric Report and
Certificate of Restoration of Competency to Stand Trial
("Psychiatric Report") were filed under seal
without objection. (Docs. 28, 29, Garcia-Gastelum II
). Defense counsel objected to the findings contained in the
Psychiatric Report (Doc. 31) and the Court granted
Defendant's request for an evidentiary hearing on the
matter. (Doc. 33, Garcia-Gastelum II ).
HEARING & DOCTORS' REPORTS
Defendant's request and to accommodate witness schedules,
the evidentiary was postponed until September 9, 2016. (Doc.
30, 32, 34, 35, Garcia-Gastelum II ) On September 9,
2016, Dr. Robin Watkins, a Board Certified Forensic
Psychologist, testified by telephone. (Doc. 36,
Garcia-Gastelum II ). Dr. Watkins was assigned to
Defendant's case at the Federal Medical Center and had
almost daily contact with him. Dr. Watkins testified
consistent with her Psychiatric Report, dated June 8, 2016,
which found that Defendant suffered from "Schizophrenia
Spectrum" with "antisocial personality
features." (Doc. 29 at p. 12, Garcia-Gastelum
II ) While at the Federal Medical Center
Defendant was prescribed, and began voluntarily taking,
psychotropic medication. ( Id. at p. 8). According
to Dr. Watkins, she saw an improvement in Defendant after he
began taking the ...