Daniel E. Salley v. United States
HabeasCorpus
Whether a college graduate and successful businessman owner of a small accounting firm, who prevailed in several audits at the Internal Revenue Service for his clients and subsequently being charged with bank robbery and attempted murder of federal officers in a 15-count indictment and having his personal and business property seized and retained by the Government and after insisting on representing himself and consequently being found incompetent to stand trial because of a mental disease or defect (delusional disorder) and committed to the custody of the Attorney General for his hospitalization and treatment, can be time-barred from bringing an action for the return of the equivalent of all monies seized and the payment of all his restitution out of his Treasury Offset Program (TOP) account, even though he filed motions within and outside the statute of limitations for such return and payment and even though the Order of commitment of January 31, 2003 has never been vacated or set aside to this day as commanded by 18 U.S.C. 4247(h)?
QUESTION(S) PRESENTED Whether a. college graduate and successfal businessman owner ef a small Qccounting firm, oPtey: prevailing in seveval audits at the Internal Revenue Service for his clients’ and subseguentty being charged with bank robbery and attempted murder of federal offers fra 15 Count . tndfctment and having hes personal and business property sefzed and . retained by the Government and after Pnststing on representin , himsel® and Conseguently being Pound Theompetent to stand We : because of a mental disease o¢ defect (delustanal disorder) and comir Ptted te the custody of the AtHerne Geneval for hos, Pe I| fer fration and ‘tect ment y can be time Lovred frem bee f ~ an aclten for Me retusw ‘oP the egutvalent of all n& ryeed and he payment of all hfs restiutBu out of his Treasury. Ctiset Program (TOP) accouut, even though he filed motfons within and outside the stature of Wmitalfons for such return and Payment and even though the Ovder of commPhment of January 3i, 003 has never bean vacated ot seb aside to +Wes day as Commanded by 1g us. 3 4au7@) ? . ; | . | | | ‘