· 6/9/2011
United States v. Wigren
Citations
- 641 F.3d 944
- 423 F. App'x 663
- 2011 U.S. App. LEXIS 11591
- 2011 WL 2226335
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that under § 4246(a), a certificate need only be “facial[ly] sufficien[t]”
- “[T]he [IDRA] does not endow the committed person with a judicially- enforceable right to state custody.” (internal quotation marks omitted)
- “The IDRA does not provide for judicial review of the certification, or establish standards by which a court could determine whether suitable arrangements for State custody are available” (internal quotation marks omitted)
- “Congress presumably thought the States should bear responsibility for the care of mentally ill persons from their jurisdictions, and the IDRA thus imposes a duty on the Attorney General to pursue state placement.” (internal citation omitted
- “The statute requires an initial certification by the warden about the availability of state custody, but does not call for the government to present evidence on that matter, or for the court to make a determination about it.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Colloton, Gruender, Shepherd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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