United States v. Jackson Holmes

Order On Rehearing

This matter comes before the court of rehearing en banc on a petition of the government. The panel’s opinion, which dealt with appellant’s rights under 18 U.S.C. § 4245, has been vacated.

Holmes’ sentence expired in June 1989. The government stated at oral argument that on completion of Holmes’ sentence, it filed a certificate under 18 U.S.C. § 4246 seeking a district court hearing to determine whether Holmes continues to suffer from a mental disease or defect which would create a substantial risk of bodily injury or property damage to another if Holmes were released. The…