U.S. Court of Appeals for the Ninth Circuit, 1963

Lopus v. United States Attorney General

Lopus v. United States Attorney General
U.S. Court of Appeals for the Ninth Circuit · Decided June 26, 1963 · Browning, Merrill, Pope
319 F.2d 855 (Federal Reporter, Second Series)

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.

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