United States v. McCarty

ORDER

BRITT, Chief Judge.

This matter is before the court on defendant Wallace McCarty’s motion to dismiss a mental commitment petition brought by the United States. McCarty argues that this court lacks jurisdiction over him under 18 U.S.C, § 4245. This motion has been fully briefed by both parties and is now ready for decision. Based upon the discussion below, the court finds that McCarty is not subject to the court’s jurisdiction under § 4245, but that his competence may be adjudicated under 18 U.S.C. § 4241.

FACTS

On 29 October 1975, Wallace McCarty was convicted of Assault during a Bank…