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U.S. v. WHITE

No. 09-7933.

620 F.3d 401 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Kimberly WHITE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 22, 2010.

Attorney(s) appearing for the Case

ARGUED: Joseph Bart Gilbert , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Tobin Webb Lathan , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, Raleigh, North Carolina, for Appellant. George E.B. Holding , United States Attorney, Anne M. Hayes , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Reversed by published opinion. Judge DAVIS wrote the majority opinion, in which Judge KEENAN joined. Judge KEENAN wrote a separate concurring opinion. Judge NIEMEYER wrote a dissenting opinion.

OPINION

DAVIS, Circuit Judge:

Kimberly White ("White"), who suffers from Delusional Disorder, Grandiose Type, was indicted in the Eastern District of North Carolina on six counts of conspiracy, credit card fraud and identity theft. She filed an unopposed motion for determination of her mental competency to stand trial under 18 U.S.C. § 4241. The examining experts unanimously agreed, and it is undisputed, that White is not competent to stand trial. When...

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