Legal Opinion

United States v. James "Jimmy" Donofrio

Court of Appeals for the Eleventh Circuit

Decided March 22, 1990No. 88-4015PublishedCited by 30 opinions

1Opinion of the Court

RONEY, Senior Circuit Judge:

James “Jimmy” Donofrio, charged with extortionate means of debt collection, 18 U.S.C.A. § 891, was found incompetent to stand trial. The district court committed the defendant to the custody of the United States Attorney General for examination, pursuant to 18 U.S.C.A. § 4241. Donofrio appeals the commitment order on the ground that it is excessive. He argues that any period of commitment is unreasonable because evidence shows that he will never attain the capacity to permit a trial to proceed. We affirm.

Title 18 U.S.C.A. § 4241(d) provides that if a court finds…

2Cases cited4 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Jackson v. IndianaSupreme Court of the United States · 1972
  3. United States v. Arnold GoldCourt of Appeals for the Second Circuit · 1986
  4. United States v. Thamin ShawarCourt of Appeals for the Seventh Circuit · 1989

3Cited by30 opinions

  1. United States v. MagassoubaCourt of Appeals for the Second Circuit · 2008
  2. United States v. Kyulle Jay StrongCourt of Appeals for the Ninth Circuit · 2007
  3. United States v. Sonia QuinteroCourt of Appeals for the Ninth Circuit · 2021
  4. United States v. Louie A. Ferro, Sr.Court of Appeals for the Eighth Circuit · 2003
  5. United States v. FilippiCourt of Appeals for the First Circuit · 2000

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