United States v. Garcia-Ortiz

OPINION AND ORDER

GELPI, United States Magistrate Judge.

Presently before the Court is the Government’s Motion to Remove Bullet from Defendant José Antonio Garcia Ortiz. (Docket No. 75). After careful review of all the relevant evidence and applicable jurisprudence, the Court concludes that the Government has failed to demonstrate the proposed procedure’s unequivocal safety, thus warranting the Court’s DENIAL of its motion for a court-ordered surgical procedure.

I. Factual and Procedural Background

The instant case arises out of an attempted robbery at Ralph’s Food Warehouse, located in Gurabo,…