No. 97-3094.

140 F.3d 277 (1998)

John W. HINCKLEY, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 1998.

Attorney(s) appearing for the Case

Barry Wm. Levine argued the cause for appellant, with whom John T. Kotelly, Adam Proujansky and Sarah M. Mortenson were on the briefs.

Helen M. Bollwerk, Assistant United States Attorney, argued the cause for appellee, with whom Wilma A. Lewis, United States Attorney, John R. Fisher, Thomas J. Tourish, Jr., Robert R. Chapman, and Thomas E. Zeno, Assistant United States Attorneys, were on the brief.

John M. Ferren, Corporation Counsel, Charles Reischel and Janet L. Maher, Deputy Corporation Counsel, and Maureen W. Zaniel, Assistant Corporation Counsel, were on the brief for amicus curiae District of Columbia.

Before: WALD, SILBERMAN and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

Opinion concurring in the judgment filed by Circuit Judge HENDERSON.

WALD, Circuit Judge:

John W. Hinckley, Jr., an insanity acquittee presently committed to St. Elizabeths Hospital in Washington, D.C. ("Hospital"), filed a motion with the United States District Court seeking a conditional release under D.C.CODE ANN. § 24-301(k) (1981). This release would have permitted him to spend approximately...

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