United States First Circuit

District court judgment ordering that plaintiff be conditionally released from federal custody and transferred to the custody of the Commonwealth of Massachusetts for continued mental health care and treatment is affirmed where: 1) the court properly denied the government's motion to retransfer this matter to another district court as it would be irresponsible to prolong plaintiff's stay in legal limbo by re-transferring the matter to where it came from more than seven years ago; and 2) the court properly declined to proceed under 18 U.S.C. sec. 4246(g) as plaintiff does not meet its requirements. The matter is remanded for the district court to clarify for all parties the precise process, requirements, and consequences of plaintiff's conditional release under 18 U.S.C. sec. 4246(e).

Appellate Information

• Decided 08/03/2009
• Published 08/03/2009

Judges

• STAHL, Circuit Judge., Before TORRUELLA, STAHL, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kirby A. Heller, Attorney, U.S. Department of Justice, with whom Michael J. Sullivan, United States Attorney, and Mary Elizabeth Carmody and Mark T. Quinlivan, Assistant United States Attorneys, were on brief, for appellant.


• For Appellees:
  
• Neil T. Smith, by Appointment of the Court, with whom Joseph F. Savage, Jr., and Goodwin Proctor LLP were on brief, for appellee.