United States v. Walter Scot Boigegrain

Walter Boigegrain appeals an order of the district court entered pursuant to 18 U.S.C. § 4241(d) committing him to the custody of the Attorney General for a period not to exceed four months to determine whether competency to stand trial is likely to be attained. The issue is whether we have jurisdiction over the appeal. We note that most of the other circuits which have considered this matter have concluded that there is jurisdiction over such orders and, accordingly, order en banc consideration to reassess our holding to the contrary in United States v. Cheama, 730 F.2d 1383 (10th Cir.1984).

B…