Strong

United States v. Strong

Good Law
United States Court of Appeals for the Ninth CircuitJune 11, 200706-10566California3,578 words

Opinion

Opinion

I. BACKGROUND

On November 9, 2005, a grand jury in the District of Ari- zona indicted Strong and two co-defendants for assault with a dangerous weapon in violation of 18 U.S.C. §§ 1153 and 113(a)(3), and assault resulting in serious bodily injury in vio- lation of 18 U.S.C. §§ 1153 and 113(a)(6).1 Before trial, Strong filed a motion with the district court for determination of his mental competency. After reviewing psychiatric reports submitted by Strong and the government, the district court concluded that Strong was 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).2 1 Federal jurisdiction is appropriate because the charged offenses occurred within the confines of an Indian Reservation. 2 18 U.S.C. § 4241(d) provides, in pertinent part: If, after [a competency] hearing, the court finds by a preponder- ance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompe- tent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense, the…

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