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177 N. Church Ave., Suite 605

Tucson, Arizona 85701

Tel: (520) 222-8270

Fax: (520) 222-8274

Elias Damianakos, Esq.

Email: elias@damianakoslaw.com

State Bar No. 022850

Attorney for Defendant 

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Defendant having filed a Motion for Competency Examination pursuant to 18 U.S.C. 

§ 4241(a) and reasonable cause appearing,

IT IS ORDERED:

1. The Defendant, Veronica Guadalupe Saldivar be evaluated by a licensed or 

certified psychiatrist or psychologist to determine whether the defendant is presently 

suffering from a mental disease or defect rendering her mentally incompetent to the extent 

that she is unable to understand the nature and consequences of the proceedings against her

or to assist properly in her defense.

2. Dr. Marisa Menchola, Ph.D. is appointed to conduct the evaluation.

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UNITED STATES OF AMERICA,

Plaintiff,

vs.

VERONICA GUADALUPE 

SALDIVAR,

Defendant.

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CR15-2062 TUC JAS (LCK)

ORDER RE: DEFENDANT’S SECOND 

MOTION FOR COMPETENCY 

EXAMINATION

(Pursuant to: 18 U.S.C. § 4241(a))

(No Hearing Required)

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3. Defense counsel shall:

a. Promptly provide the psychologist or psychiatrist with a copy of the 

Motion for Competency Examination, this Order, and all relevant documents that may assist 

with evaluating the defendant’s competency.

b. Within a period not to exceed four (4) weeks from the date of this 

Order, arrange for an appointment for the Defendant for consultation at:

430 N. Tucson Blvd.

Tucson, Arizona 85716

(520) 325-3739 ext. 407

If necessary, defense counsel or counsel’s designee is authorized to transport the defendant 

to appointments authorized pursuant to this Order.

c. Maintain contact with the psychologist or psychiatrist to ensure that the

defendant’s appointment takes place within the time period indicated in this Order.

4. Dr. Marisa Menchola shall:

(a) Within a period not to exceed two (2) weeks from the date of the 

scheduled appointment, submit a written evaluation pursuant to 18 U.S.C. §§ 4241(b) and 

4247(b) and (c), by both U.S. Mail and email (or fax) to:

 ORIGINAL Report via U.S. Mail to:

U.S. District Court

Chambers of U.S. Magistrate Judge Lynnette C Kimmins 405 W. Congress Street, Suite 5660

Tucson, Arizona 85701; 

 COPY of Report

via email kimmins_chambers@azd.uscourts.gov 

(b) Not exceed $2,400.00 for the total costs of services, including 

allowable expenses, without further order of the Court, as the Court finds the cost guidelines 

in 18 U.S.C. § 3006A(e)(3) are reasonable for this examination. Payment of services 

exceeding this amount will require approval by the U.S. District Court Judge assigned to 

this case.

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(c) Fax or mail the invoice, a copy of the requesting Motion, and this 

signed Order to the address listed below in order to receive payment:

United States Attorney’s Office

Attn: Finance/Budget Department

Two Renaissance Square

40 North Central Avenue, Suite 1200

Phoenix AZ 85004-4408

Telephone: 606-514-7500

via facsimile: 602-514-7662

6. The government shall:

a. Promptly provide the psychologist or psychiatrist with all relevant 

documents, including case reports disclosed to the defense, the defendant’s criminal history, 

and other known mental health examinations or medical records in the government’s 

possession. The government is authorized to disclose any federal presentence investigation 

report(s) (PSRs) for the defendant. Any disclosed PSR shall be used solely for the purpose 

of this examination.

b. Pay the costs of the evaluation, pursuant to the Guide to Judiciary 

Policies and Procedures, Volume VII, Chapter Ill, Section 3.11.

7. All proceedings relating to this defendant in the above-captioned case are 

stayed pending further order of the Court. Excludable delay under 18 U.S.C. § 

3161(h)(1)(A) is found to commence on ¥, and end upon the Court’s determination that the 

defendant is competent. Such time shall be in addition to other excludable time under the 

Speedy Trial Act and shall commence as of the day following the day that would otherwise 

be the last day for commencement of trial.

8. This matter is set for a status conference on [date 7 weeks from order].

9. Both parties shall, by ¥[date 1 week before status hearing], inform U.S. 

Magistrate Judge Kimmins via email or telephone, if they have not yet received the doctor’s 

report.

DATED this _______ day of April, 2017.

 Lynnette C. Kimmins United States Magistrate Judge

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