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United States v. McGriff

November 15, 2006

UNITED STATES OF AMERICA
v.
JOHN MCGRIFF



The opinion of the court was delivered by: Chief Judge Curtis L. Collier

ORDER

On September 19, 2006, the government filed a motion requesting this Court to order a psychosexual evaluation of Defendant John McGriff ("Defendant"), as recommended by the United States Probation Office (Court File No. 10). On September 29, 2006, Defendant filed a response in opposition to the government's motion, alleging the test violates his rights under the First, Fourth, Fifth and Sixth Amendments to the United States Constitution (Court File No. 11). On October 5, 2006, the government filed a reply to Defendant's response, withdrawing its request to compel the exam (Court File No. 12). Since the government has withdrawn its motion to compel a pre-sentence psychosexual evaluation on Defendant, the Court DENIES the government's motion (Court File No. 10) as moot.

SO ORDERED.

CURTIS L. COLLIER CHIEF UNITED STATES DISTRICT JUDGE

20061115

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