· 9/19/2008
United States v. Magassouba
Citations
- 544 F.3d 387
- 2008 U.S. App. LEXIS 20238
- 2008 WL 4280323
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reasoning that the defendant’s total circumstances should be considered when determining whether his detention is violative of due process
- holding “that the statute does not affirmatively require a district court to issue a § 4241(d)(2) commitment order before the expiration of a § 4241(d)(1) hospitalization order, nor does it strip a district court of the authority to do so thereafter”
- applying Sell and holding that collateral order doctrine permitted interlocutory appeal of involuntary hospitalization for psychiatric treatment and involuntary medication
- finding harmless error for hospitalizing a defendant under § 4241 for three weeks after the initial four months expired
- finding no due process violation where delay was “largely attributable to [the defendant’s] own action” in refusing treatment
- entertaining appeal under collateral order doctrine from § 4241(d)(2) commitment order, where defendant argued district court lacked authority to enter order as result of lapse in § 4241(d)(1) custody
Source: CourtListener parenthetical corpus (CC0).
Judges: Parker, Raggi, Wesley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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