United States Fourth Circuit

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US v. Conrad, 13-7384

The district court's denial of defendant's motion to dismiss his 18 U.S.C. section 4243 commitment proceedings arising from a 2007 insanity acquittal of a separate set of offenses and its order to delay those proceedings until he is released from prison is affirmed, where: 1) defendant points to no statutory provision that identifies any circumstances that would render section 4243 inapplicable, so it applies on its face to not guilty only by reason of insanity (NGI) acquittees such as defendant, and unambiguously requires a hearing to determine commitment or release; 2) because defendant has been the principal architect of the delay he faces, and because such delay is reasonable under the statute when the acquitted is serving a term of incarceration, the district court did not err in delaying the proceeding here; and 3) the delay of the section 4243 hearing until defendant' release from prison serves the purpose of ensuring plaintiff's right to release once he is found recovered or not danger, and protects the public.

Appellate Information

  • Decided 01/13/2015
  • Published 01/13/2015


  • Duncan


  • United States Fourth Circuit


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