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U.S. v. SAHHAR

Nos. 94-50186, 94-50356.

56 F.3d 1026 (1995)

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

United States Court of Appeals, Ninth Circuit.

Decided May 26, 1995.

Attorney(s) appearing for the Case

George S. Cardona, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellant.

Carlton F. Gunn, Sr. Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellee.

Before: FEINBERG, SCHROEDER and KOZINSKI, Circuit Judges.

SCHROEDER, Circuit Judge:

The United States appeals the district court's ruling on the constitutionality of John George Sahhar's confinement under 18 U.S.C. § 4246. That statute provides for the continued hospitalization of a person who has been charged with a federal offense but not tried because of a continuing mental disease or defect. The district court ruled § 4246 is unconstitutional as applied to a defendant who has remained committed for longer than...

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