United States Eighth Circuit

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US v. Millard-Grasshorn, 09-2825

In defendant's appeal from the district court's order finding defendant mentally incompetent and committing him to the custody of the Attorney General under 18 U.S.C. section 4241(d) for a determination of whether his competency can be restored, the order is affirmed where the magistrate judge did not initially commit defendant under section 4241(d), and therefore the court's later order was the first judicial determination of incompetency, and commitment under section 4241(d) was accordingly required by the statute.

Appellate Information

  • Submitted 01/15/2010
  • Decided 04/27/2010
  • Published 04/27/2010


  • LOKEN, Chief Judge., Before LOKEN, Chief Judge,JOHN R. GIBSON and WOLLMAN, Circuit Judges.


  • United States Eighth Circuit


  • For Appellant:
  • B. John Burns, II, AFPD, Des Moines, IA, for appellant.

  • For Appellees:
  • Stephen H. Locher, AUSA, argued, Des Moines, IA (Clifford D. Wendel, AUSA, on the brief), for appellee.