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U.S. v. STRONG

No. 06-10566.

489 F.3d 1055 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Kyulle Jay STRONG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2007.

Attorney(s) appearing for the Case

Jon M. Sand, Federal Public Defender; Craig Orent (argued), Assistant Federal Public Defender, District of Arizona, Phoenix, AZ, for the defendant-appellant.

Paul K. Charlton, United States Attorney; John Boyle, Deputy Appellate Chief; Roger Dokken (argued), Assistant United States Attorney, District of Arizona, Phoenix, AZ, for the plaintiff-appellee.

Before: B. FLETCHER, RICHARD R. CLIFTON, and SANDRA S. IKUTA, Circuit Judges.

CLIFTON, Circuit Judge.

The district court found Defendant-Appellant Kyulle Jay Strong incompetent to stand trial and committed him to the custody of the Attorney General for treatment and restoration pursuant to 18 U.S.C. § 4241(d). Strong appeals the district court's commitment order, arguing that § 4241(d) is unconstitutional because it requires mandatory confinement without giving the district court an opportunity to assess a defendant's individualized...

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