Legal Opinion

United States v. Lizama

Court of Appeals for the Ninth Circuit

Decided July 19, 2001No. 00-10405; D.C. No. CR-00-00009-001-JSUPublished

1Opinion of the Court

MEMORANDUM2

Defendant Alejandro Lizama contends that the district court erred by sentencing him to one year in prison without conducting a hearing pursuant to 18 U.S.C. § 4244(a). Section 4244 hearings are meant to determine if a convicted person suffering from a mental disease or defect should be hospitalized for treatment instead of imprisoned. A hearing is required when the district court has “reasonable cause” to believe that the defendant has a mental defect and requires treatment outside of prison for that defect. 18 U.S.C. § 4244(a); see United States v. Osoba, 213 F.3d 913, 915 (6th…

2Cases cited2 opinions

  1. United States v. Olakunle A. OsobaCourt of Appeals for the Sixth Circuit · 2000
  2. United States v. Robert Ray BukerCourt of Appeals for the Ninth Circuit · 1990

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