Lopus v. United States Attorney General

U.S. Court of Appeals for the Ninth Circuit
Lopus v. United States Attorney General, 319 F.2d 855 (9th Cir. 1963)

Lopus v. United States Attorney General

Opinion of the Court

PER CURIAM.

Leave to proceed in forma pauperis is granted. .“The second sentence of § 4246 clearly makes commitment under ■§ 4248 applicable to persons found menially incompetent under § 4244 who meet the conditions specified in § 4247” (Greenwood v. United States, 350 U.S. 366, 374, 76 S.Ct. 410, 100 L.Ed. 412 (1956), and the District Court erred in holding to the contrary. The judgment is reversed and the cause remanded for “a hearing to determine the existence of the conditions specified in § 4247,” and for the entry of appropriate findings and judgment thereon in accordance with the proviso of Section 4248. Op. cit. supra.

Reference

Full Case Name
Ernest James LOPUS v. UNITED STATES ATTORNEY GENERAL
Status
Published