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UNITED STATES v. PERKINS

Nos. 23721, 23722.

433 F.2d 1182 (1970)

UNITED STATES of America v. Donald Wallace PERKINS, Appellant. UNITED STATES of America v. Gerald Leonard WHITMORE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 13, 1970.

Attorney(s) appearing for the Case

Mr. Jay S. Weiss, Washington, D. C., for appellant in No. 23,721.

Mr. Denis K. Lane, Washington, D. C., for appellant in No. 23,722.

Mr. William S. Block, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Daniel E. Toomey, Asst. U. S. Attys., were on the brief, for appellee.

Before McGOWAN, TAMM and ROBINSON, Circuit Judges.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

These appeals present two rather novel questions. The first concerns this court's jurisdiction to review the refusal of the District Court to order competency examinations of federal arrestees whose removal to another district is sought. The second is an inquiry as to whether the arrestees have the right under the mental competency statute1 and Rule 40 of the Federal Rules of Criminal Procedure...

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