Gilbert Lloyd Weber v. United States District Court for the Central District of California, United States of America, Real Party in Interest
Opinion
Opinion
BACKGROUND
Gilbert L. Weber was convicted, following a jury trial, of three counts of making threats against the President of the United States in violation of 18 U.S.C. § 871 (a). Pursuant to a motion filed by the government, the district court determined that Weber suffered from á mental disease or defect and imposed a provisional sentence of fifteen years during which Weber was to be hospitalized for care and treatment pursuant to 18 U.S.C. §§ 4244 (d), 4247.
Following twelve months of treatment, the director of the medical facility where Weber underwent treatment certified to the district court that Weber had recovered from his mental disease or defect to such an extent that he was no longer in need of custody for care and treatment at the medical facility. The director of the facility recommended that the district court proceed to final sentencing as provided in 18 U.S.C. § 4244 (e).
The district court conducted a sentencing hearing pursuant to section 4244(e). At the hearing, the district court formally sentenced Weber to twenty-six months imprisonment to be followed by three years of supervised release.