Trillo-Cerda

ORDER RE: DEFENDANT’S RETURN TO USMC-SPRINGFIELD

The court previously found defendant Luis Trillo-Cerda (“defendant”) to be incompetent to stand trial and therefore committed defendant to the custody of the Attorney General in accordance with 18 U.S.C. § 4241 (d), which provides that, if a defendant is determined to be incompetent, the court shall commit the defendant to the custody of the Attorney General for a reasonable period of time, not to exceed four months, in order to determine whether “there is a substantial probability that in the foreseeable future the defendant will attain the capacity to permit the trial to proceed.” 18 U.S.C. § 4241 (d)(1). Defendant was placed at the U.S. Medical Center for Federal Prisoners (“USMC-Springfield”) in Springfield, Missouri.

At the end of the four month period, the government filed a motion to allow defendant’s continued hospitalization pursuant to 18 U.S.C. § 4241 (d)(2), which provides that the defendant may be hospitalized for an additional reasonable period of time until “his mental condition is so improved that the trial may proceed, if the court finds that there is a substantial probability that within such additional period of…