United States v. Robert Ray Buker

Robert Elay Buker pleaded nolo conten-dere to charges of conspiring to manufacture and to possess an explosive device, and of possessing an unregistered explosive device. Prior to sentencing he sought a hearing pursuant to 18 U.S.C. § 4244 (1988) for a determination of his present mental condition. The district court apparently found that Buker was suffering from a mental defect. The court nevertheless recommended that Buker be imprisoned at a federal facility in Springfield, Missouri.

On appeal, Buker contends that when a district court finds that a defendant suffers from a mental defect or disease, the court is compelled under section 4244(d) to sentence that defendant to a provisional term at a suitable facility for treatment in lieu of imprisonment. We disagree. We conclude that section 4244(d) permits the district court to sentence a defendant to imprisonment notwithstanding a finding that the defendant suffers from a mental defect or disease.

DISCUSSION

Under section 4244(d), a defendant with a mental defect may receive a provisional sentence “[i]f, after the hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a…