United States v. Foy, No. 10-4728 (3d Cir. 2015)
Annotate this CaseIn 2003, Foy was charged in Pennsylvania with threatening a federal official, 18 U.S.C. 115(a)(1)(B). The government also sought revocation of probation imposed by a Texas district court. The Pennsylvania court found that Foy was incapable of assisting in his defense and committed him for 120 days (18 U.S.C. 4241(d)). In 2005, the court found that Foy continued to be incompetent and that there was no substantial probability that he would attain competency in the foreseeable future. The government successfully moved to dismiss the criminal complaint. Three years later the Pennsylvania court terminated Foy’s Texas probation. The warden at the Missouri Federal Medical Center certified that Foy was suffering from a mental disease or defect so that his release would pose a substantial risk and that suitable arrangements for state custody were not available. A Missouri district court ordered Foy committed under section 4246(d). The Eighth Circuit affirmed. Annual reports have recommended Foy’s conditional release. Rather than accept a conditional release, Foy sought unconditional release by instituting proceedings in both district courts.The Pennsylvania court denied his FRCP 60(d)(3) motion and declined to vacate the order of civil commitment. The Third Circuit vacated, finding that the Pennsylvania court lacked jurisdiction because Foy’s commitment is currently pursuant to a Missouri order.
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