United States v. Ricardo Villegas

MEMORANDUM

Ricardo Villegas was charged with illegal reentry following deportation in violation of 8 U.S.C. § 1326 . He was found incompetent to stand trial and, on November 22, 2013, was ordered hospitalized pursuant to 18 U.S.C. § 4241 (d)(1). Villegas was admitted to the U.S. Medical Center for Federal Prisoners in Springfield, Missouri (FMC-Springfield) on March 5 or March 6, 2014. Shortly thereafter, Ville-gas moved to dismiss the indictment on the ground that the time limit in § 4241(d)(1) had expired four months after the district court’s commitment order. The district court denied the motion, ruling that the statutory period had not commenced until his arrival at FMC-Springfield. Villegas appealed. The appeal from that order is before this court as No. 14-50210.

After the appeal was filed, the staff at FMC-Springfield concluded that Villegas was not likely to be restored to competency without involuntary medication. The government moved to dismiss the charge against Villegas due to his incompetency. The district court granted the motion and dismissed the case without prejudice on July 9, 2014. Judgment of dismissal was entered the next day. On July 14, 2014, the district…