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UNITED STATES v. JACKSON

No. 76-1077.

553 F.2d 109 (1976)

UNITED STATES of America v. Daniel JACKSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1976.

Rehearing Denied April 4, 1977.

Attorney(s) appearing for the Case

Robert A. W. Boraks, Washington, D. C. (appointed by this court), for appellant.

Mary H. Weiss, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, Asst. U. S. Atty., Washington, D. C., were on the brief for appellee.

Before TAMM, MacKINNON and WILKEY, Circuit Judges.

Rehearing En Banc Denied April 4, 1977.

Opinion for the court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

The issue raised in this appeal is whether a person found not guilty of a crime by reason of insanity, who suffers from mental retardation rather than a mental disease, is subject to indeterminate commitment to a hospital for the mentally ill under D.C.Code § 24-301(d) (1973).1

Appellant...

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