United States v. Evans, No. 11-3195 (8th Cir. 2012)
Annotate this CaseDefendant was indicted for unlawfully attempting to remove his children from the United States. On appeal, defendant challenged his commitment on grounds that the district court did not provide him with a legal, constitutionally adequate competency hearing under 18 U.S.C. 4241(c). As a preliminary matter, the court held that defendant's appeal was not moot. However, because defendant's only argument on appeal was that the hearing was inadequate, his appeal was without merit. Accordingly, the court affirmed the judgment.
Court Description: Criminal Case - Section 4241 competency. Challenge to original competency determination is not mooted by completion of commitment and subsequent competency hearing because original hearing impacts subsequent competency determinations. Competency hearing complied with requirements of section 4247(d) and argument that hearing was inadequate is without merit.
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