United States Second Circuit

Affirmed. Defendant challenged order of district court to commit him to custody of Attorney General for psychiatric treatment and evaluation to determine competency to stand trial. Defendant argued due process rights were violated because a forensic psychologist stated Defendant's disorder was degenerative and would not improve. Court found that Plaintiff’s argument failed because review of future competency is mandatory under 18 USC sec. 4241 and it was the court, not the psychologist who can determine competency. Commitment to AG for treatment and further evaluation reasonably related to future competency determination.

Appellate Information

• Published 2019/07/02

Judges

• Pooler

Court

• United States Second Circuit

Counsel