United States v. Coy Ray Phelps

35 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Coy Ray PHELPS, Defendant-Appellant. No. 92-10534. United States Court of Appeals, Ninth Circuit. Submitted Aug. 10, 1994. * Decided Aug. 30, 1994. 1 Before: FLETCHER, HALL and WIGGINS, Circuit Judges 2 MEMORANDUM ** 3 Coy Ray Phelps appeals the district court's determination that he should not be released from the care and treatment of the Attorney General pursuant to 18 U.S.C. Sec. 4243 on the ground that he continued to suffer from a mental illness. Phelps contends that the Supreme Court's decision in Foucha v. Louisiana, 112 S.Ct. 1780 (1992), renders Sec. 4243 unconstitutional. We affirm. 4 * On July 31, 1986, Phelps was found not guilty by reason of insanity on charges of possessing, manufacturing, and placing pipe bombs in five San Francisco locations. 1 Phelps was committed to the custody of the Attorney General pursuant to 18 U.S.C. Sec. 4243 (e) and was…