U.S. v. SAHHAR

No. 88-5413.

917 F.2d 1197 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. John George SAHHAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 29, 1990.


Attorney(s) appearing for the Case

Carlton F. Gunn, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Thomas H. Bienert, Jr., Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before NELSON, BRUNETTI and KOZINSKI, Circuit Judges.


KOZINSKI, Circuit Judge:

Under 18 U.S.C. § 4246, an individual accused of federal crimes and found incompetent to stand trial may be committed indefinitely if his release would create a substantial risk of bodily injury to another or serious damage to property. We consider whether this statute violates the fifth and sixth amendment's guarantees of equal protection, due process and trial by jury.

I

On September 18, 1987, John George Sahhar was...

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