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U.S. v. BAKER

No. 97-4610.

155 F.3d 392 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Michael BAKER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 27, 1998.

Attorney(s) appearing for the Case

ARGUED: Stephen Paul Lindsay, Lindsay & Hensley, Asheville, North Carolina, for Appellant. Thomas Richard Ascik, Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Mark T. Calloway, United States Attorney, Asheville, North Carolina, for Appellee.

Before NIEMEYER and LUTTIG, Circuit Judges, and SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge NIEMEYER and Judge SMITH joined.

OPINION

LUTTIG, Circuit Judge:

Appellant Charles Michael Baker was found not guilty only by reason of insanity of mailing a threatening communication in violation of 18 U.S.C. § 876. After further psychiatric evaluation and a statutorily required commitment hearing, the district court granted Baker a conditional release...

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