United States v. White

The Fourth Circuit held that Chapter 313 of Title 18, and 18 U.S.C. 4248 in particular, did not authorize the district court to dismiss the section 4248 proceeding against respondent on the ground that he was found to be mentally incompetent. The court also held that section 4248 does not violate the Due Process Clause and that the risk of an erroneous deprivation of respondent's liberty interest is substantially and adequately mitigated by the broad array of procedures required for a section 4248 commitment, particularly as they apply to incompetent persons. Accordingly, the court reversed the district court's judgment and remanded with instructions that the district court promptly conduct a section 4248 hearing to determine whether respondent is sexually dangerous and therefore must be committed to the custody of the Attorney General. View "United States v. White" on Justia Law