United States v. Donald Wallace Perkins, United States of America v. Gerald Leonard Whitmore

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

These appeals present two rather novel questions. The first concerns this court’s jurisdiction to review the refusal of the District Court to order competency examinations of federal arrestees whose removal to another district is sought. The second is an inquiry as to whether the arrestees have the right under the mental competency statute 1 and Rule 40 of the Federal Rules of Criminal Procedure to a mental examination and an affirmative determination of mental competence prior to a removal hearing. Because, in the particular circumstances, we find…