"Based on the information before the court, I find that the defendant should not be transferred to a (federal) facility because the Government has failed to demonstrate that it is impractical for the required psychiatric or psychological evaluation to be performed while the defendant is detained locally," U.S. Magistrate Judge Pamela Meade Sargent wrote. "Furthermore, the defense persuasively has argued that a transfer of the defendant to a BOP facility, at this time, would unnecessarily put at risk both his mental and physical health." It's up to the government to identify the expert and ensure the exam takes place, the magistrate wrote.