Murray

ORDER DENYING MOTION TO CONDUCT A RULE 5 HEARING IN THE HOSPITAL

Defendant, Curtis Wayne Murray, was arrested on November 6, 2000. A sworn complaint and attached probable cause statement was presented to Magistrate Judge Battaglia and the complaint signed on November 7, 2000. An Initial Appearance, pursuant to Fed. Rule Crim. P. 5(a), was set before Magistrate Judge Battaglia on November 7, 2000. The defendant was unavailable at the time of the hearing. The defendant was hospitalized shortly after being taken into custody and was receiving psychological treatment.

Federal Defenders of San Diego appeared specially for the defendant 1 Defense counsel moved for a “hospital” Rule 5 hearing. For the reasons set forth below, the court denied defendant’s request for the Rule 5 hearing in the hospital. Provisional counsel was appointed in open court for the defendant pursuant to 18 U.S.C. § 3006 (a). This attorney shall represent defendant forthwith and subject to a later court hearing confirming defendant’s qualification for continued appointment of counsel.

Defendant’s motions raise issues of a right to a Rule 5 hearing by a hospitalized defendant at the hospital and whether the time…