United States v. John George Sahhar

The United States appeals the district court’s ruling on the constitutionality of John George Sahhar’s confinement under 18 U.S.C. § 4246 . That statute provides for the continued hospitalization of a person who has been charged with a federal offense but not tried because of a continuing mental disease or defect. The district court ruled § 4246 is unconstitutional as applied to a defendant who has remained committed for longer than the maximum period of custody authorized for the crime for which he was indicted. The government argues that the indefinite commitment of a dangerous, mentally ill person is not constitutionally infirm, because it serves substantial federal regulatory interests. We reverse and remand for the district court to invoke the statutory preference for a state’s assumption of custody.

BACKGROUND

Sahhar was arrested on September 9, 1987, and indicted on September 18,1987, for making a threat against the President in violation of 18 U.S.C. § 871 (a), a crime carrying a maximum penalty of five years. On November 16, 1987, the district court found him incompetent to stand trial and committed him to the custody of the Attorney General pursuant to 18 U.S.C. § 4241…