United States v. McIlwain, No. 14-10735 (11th Cir. 2014)Annotate this Case
Defendant was committed to the custody of the Alabama State Department of Mental Health in 2012. In 2013, a federal grand jury indicted defendant for possession of a firearm by a prohibited person under 18 U.S.C. 922(g), which criminalizes the possession of a firearm by any person "who has been committed to a mental institution." The court held that the district court did not abuse its discretion in denying defendant's motion to dismiss the indictment where defendant was afforded the formal process required by Ala. Code 22-52-1 et seq. when he was formally committed under Ala. Code 22-52-10.1, and it was not an emergency hospitalization under Ala. Code 22-52.7.