Lizama

MEMORANDUM

Defendant Alejandro Lizama contends that the district court erred by sentencing him to one year in prison without conducting a hearing pursuant to 18 U.S.C. § 4244 (a). Section 4244 hearings are meant to determine if a convicted person suffering from a mental disease or defect should be hospitalized for treatment instead of imprisoned. A hearing is required when the district court has “reasonable cause” to believe that the defendant has a mental defect and requires treatment outside of prison for that defect. 18 U.S.C. § 4244 (a); see United States v. Osoba, 213 F.3d 913, 915 (6th Cir.2000).

Because Lizama did not object to the district court’s failure to conduct a hearing pursuant to § 4244(a), our review is limited to plain error. It is debatable whether or not the district judge should have held a § 4244 hearing. The judge found that Lizama suffered from post-traumatic stress disorder and he reviewed Lizama’s mental history as described in detail in the PSR. He also ordered a psychiatric examination under § 4244(b), which recommended continued psychiatric and substance abuse treatment. Lizama presented no evidence that he would be better served in a mental health…