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· 1/6/1989

United States v. Thamin Shawar

Citations

  • 865 F.2d 856
  • 1989 U.S. App. LEXIS 288
  • 1989 WL 1054

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “plain meaning” of phrase “shall commit” is “that once a defendant is found incompetent to stand trial, a district court has no discretion in whether or not to commit him”
  • concluding that Congress intended mandatory commitment to the Attorney General
  • noting that the \likelihood of recovery is not something to be considered by the district court in deciding whether to commit the defendant for the evaluation period\
  • noting that the “likelihood of recovery is not something to be considered by the district court in deciding whether to commit the defendant for the evaluation period”
  • “[O]nce a defendant is found incompetent to stand trial, a district judge has no discretion in whether or not to commit him.”
  • “[T]he statutory scheme established by Congress clearly mandates that a defendant found to be incompetent be placed in a mental hospital for observation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffey, Easterbrook, Kanne

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.