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U.S. v. LOUGHNER

Nos. 11-10339, 11-10504, 11-10432.

672 F.3d 731 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jared Lee LOUGHNER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 5, 2012.

Attorney(s) appearing for the Case

Judy Clarke , Clark & Rice, APC; Mark Fleming , Law Office of Mark Fleming; Reuben Camper Cahn , Ellis M. Johnston III , Janet Tung , Federal Defenders of San Diego, Inc., San Diego, CA, for the appellant.

Ann Birmingham Scheel , Acting United States Attorney, Dennis K. Burke , United States Attorney, Christina M. Cabanillas , Appellate Chief, Bruce M. Ferg , Assistant United States Attorney, United States Department of Justice, Tucson, AZ, for the appellee.

Aaron M. Panner , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, D.C., for Amici American Psychiatric Association and the American Academy of Psychiatry and the Law.

Opinion by Judge BYBEE; Concurrence by Judge WALLACE; Dissent by Judge BERZON.

OPINION

BYBEE, Circuit Judge:

San Francisco, California*

Jared Lee Loughner stands accused of the January 2011 murder of six people, including U.S. District Judge John Roll, and the attempted murder of thirteen others, including U.S. Representative Gabrielle Giffords. Loughner was committed to a Bureau of Prisons ("BOP") medical facility to determine if he was competent to stand trial. After the medical staff concluded...

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