United States v. Michael H. Hunter

Bad Law
93 Daily Journal DAR 2789·985 F.2d 1003·1993 WL 19982·1993 U.S. App. LEXIS 3434·93 Cal. Daily Op. Serv. 1537
United States Court of Appeals for the Ninth CircuitMarch 3, 199390-30252California2,179 words

Opinion

Opinion

Trott, J.

The United States government appeals the decision of the district court to release Michael Howard Hunter from observation and treatment at the Federal Medical Center at Rochester, Minnesota. The major issue in this appeal is whether the court may grant a defendant’s pro se motion for a discharge hearing under 18 U.S.C. § 4247 (h) (1988) once he has been committed to a psychiatric facility under 18 U.S.C. § 4244 (1988), or must such a motion be made by his counsel or legal guardian. We have jurisdiction under 28 U.S.C. § 1291 (1988), and we hold that the district court may not grant such a motion.

I

FACTS

On December 29, 1987, Michael Howard Hunter made a telephone call to the U.S. Air Force Recruiting Office in Lynwood, Washington. When a sergeant answered the phone, Hunter stated: “My name is Mike Hunter. I am in Snohomish County Jail, and when I get out, I am going to kill the President.” At that time, Hunter was being detained in the Snohomish County Jail on local charges.

That same day Hunter sent a letter to the United States Courthouse in Seattle, Washington. In the letter addressed to District Judge William Dwyer, Hunter wrote:

The other individuals referenced in the…

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