United States v. Richard L. Clark

In an indictment filed on March 6, 1975, appellant Clark was charged with bank robbery of a Las Vegas, Nevada bank in violation of 18 U.S.C. § 2113 (a). Initially, there was a delay as appellant had indicated his desire to plead guilty under Rule 20 in Arizona where he voluntarily surrendered himself, but the district court in Arizona returned the case to the District of Nevada by order filed on June 6, 1975. Appellant’s competence to stand trial was then questioned, and the district- court ordered that he submit to a psychiatric examination. Two local psychiatrists thereafter examined appellant — one on August 26, 1975 and one on September 24, 1975 — after which a competency hearing was held pursuant to 18 U.S.C. § 4244 before a United States Magistrate. At the hearing both psychiatrists who had examined appellant rendered opinions that he was incompetent to stand trial, but one of the psychiatrists also indicated that he believed appellant’s competence would be restored within a reasonable time. On October 24, 1975, the district court, approving the report and recommendation of the Magistrate, entered an order that appellant be committed, under 18 U.S.C. § 4246 , to the…