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U.S. v. EVANS

No. 04-4230.

404 F.3d 227 (2005)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Herbert G. EVANS, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 12, 2005.

Attorney(s) appearing for the Case

ARGUED: Monroe Jamison, Jr., Abingdon, Virginia, for Appellant. Steven Randall Ramseyer, Assistant United States Attorney, Office of the United States Attorney, Abingdon, Virginia, for Appellee. ON BRIEF: John L. Brownlee, United States Attorney, Roanoke, Virginia, for Appellee.

Before WILLIAMS and MICHAEL, Circuit Judges, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Vacated and remanded with instructions by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MICHAEL and Judge FLOYD joined.

OPINION

WILLIAMS, Circuit Judge:

Herbert G. Evans, Jr. was indicted on federal charges of assaulting a United States agricultural employee and threatening to murder a United States judge. The district court found that Evans was incompetent to stand trial because of his paranoid schizophrenia. Evans refused...

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