Michael Barreto v. United States
DueProcess
If a district court orders a competency examination under § 4241(b) based upon reasonable cause to question a defendant's competency, is it mandatory that it thereafter hold a competency hearing under § 4241(a), even if the § 4241(b) examination concludes the defendant is competent?
Under 18 U.S.C. § 4241(a), a district court “shall ” hold a competency hearing “if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. ” (emphasis added). Under 18 U.S.C. § 4241(b), “[p]rior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c).” (emphasis added). The question presented is as follows: If a district court orders a competency examination under § 4241(b) based upon reasonable cause to question a defendant ’s competency, is it mandatory that it thereafter hold a competency hearing under § 4241 (a), even if the § 4241(b) examination concludes the defendant is competent?