1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

Veronica Guadalupe Saldivar, 

Defendant. 

No. CR-15-02062-001-TUC-JAS (LCK)

ORDER 

 Defendant having filed a Motion for Competency Examination (Doc. 56), pursuant 

to, 18 U.S.C. § 4241(a) and good 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 mental disease or defect rendering him mentally 

incompetent to the extent that he is unable to understand the nature and 

consequences of the proceedings against him or to assist properly in his 

defense. 

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

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. 

Case 4:15-cr-02062-JAS-LCK Document 59 Filed 04/13/17 Page 1 of 4
- 2 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

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. District Judge James A. Soto 

405 W. Congress Street, Suite 6160 

Tucson, AZ 85701 

 COPY of Report 

Via email to soto chambers@azd.uscourts.gov 

 or 

Facsimile (520) 205-4519 

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 prior approval by the U.S. District Court Judge assigned to this 

case. 

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: 

Case 4:15-cr-02062-JAS-LCK Document 59 Filed 04/13/17 Page 2 of 4
- 3 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

 

 United States Attorney’s Office 

 Attn: Finance/Budget Department 

 Two Renaissance Square 

 40 North Central Avenue, Suite 1200 

 Phoenix, AZ 85004-4408 

 Telephone: 602-514-7500 

 via facsimile: 602-514-7662 

Pursuant to the Guide to Judiciary Policies and Procedures, Volume 

VII, Chapter Ill, Section 3.11., the U.S. Department of Justice shall 

pay the costs of the evaluation. 

5. 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.

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 April 12, 2017 and 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 

Case 4:15-cr-02062-JAS-LCK Document 59 Filed 04/13/17 Page 3 of 4
- 4 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

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 status conference on July 13, 2017 at 1:30 p.m.

9. Both parties shall, by July 6, 2017, inform U.S. District Judge James A. 

Soto via email or telephone, if they have not yet received the report of the 

psychologist.

 The Clerk of the U.S. District Court shall furnish copy of this Order to the U.S. 

Marshal Service forthwith. 

 Dated this 12th day of April, 2017. 

Honorable James A. Soto 

United States District Judge 

Case 4:15-cr-02062-JAS-LCK Document 59 Filed 04/13/17 Page 4 of 4