Wednesday, July 05, 2006

§ 4243 commitment orders after acquittal by reason of insanity appealable

The Third Circuit, in United States v. Stewart, No. 05-2732 (3d Cir. July 3, 2006), joined a few sister circuits in holding that a commitment order rendered under 18 U.S.C. § 4243 after a defendant's acquittal by reason of insanity was appealable. The Court further noted that it would review such claims for clear error. Finally, the Court affirmed the district court's denial of release to Mr. Stewart because testimony at his commitment hearing revealed that he required supervision and Stewart could not guarantee that he would receive the appropriate supervision upon his release.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.

When calculating intended loss, the question is not whether the defendant could have sold the items at the prices claimed by the government but whether the defendant intended to do so

The defendant in United States v. Kirschner ,  __ F.3d __, 2021 WL 1570250 (3d Cir. April 22, 2021), imported counterfeit coins and bullion ...