Summary
In Howard v. United States, 261 F.2d 729 (5th Cir. 1958), relying on Greenwood v. United States, 350 U.S. 366, 76 S.Ct. 410, 100 L.Ed. 412 (1956), it was held that the failure to put an accused to trial because of his mental incompetency does not deprive him of the right to a speedy trial under the guarantee of the Sixth Amendment to the Constitution of the United States. See also Johnson v. United States, 333 F.2d 371 (10th Cir. 1964).
Summary of this case from State v. BrownOpinion
No. 17177.
December 10, 1958.
Coy Dean Howard, in pro. per.
Russell B. Wine, U.S. Atty., San Antonio, Tex., John E. Banks, Asst. U.S. Atty., for appellee.
Before TUTTLE, JONES and WISDOM, Circuit Judges.
The appellant was indicted for transporting a stolen automobile from the United States to Mexico in violation of 18 U.S.C.A. § 2312. After a hearing, with the appellant present and represented by court-appointed counsel, it was determined that he was mentally incompetent and incapable of standing trial. It was also determined that, if released, the appellant would endanger others. He was committed to the custody of the Attorney General and is now confined in the Federal Medical Center, at Springfield, Missouri. The proceedings were pursuant to 18 U.S.C.A. §§ 4244- 4248.
He sought and was denied release from custody and has appealed, presenting the single narrow question as to whether he has been denied, by the operation of the statute, the right to a speedy trial under the guarantee of the Sixth Amendment. The constitutionality of the statute has been upheld. Greenwood v. United States, 350 U.S. 366, 76 S.Ct. 410, 100 L.Ed. 412; United States v. Miller, D.C.Vt. 1955, 131 F. Supp. 88. The judgment from which appeal has been taken is
Affirmed.