Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Appeal Re Commitment Order, Plus Sentencing Challenge

By FindLaw Staff on April 27, 2010 | Last updated on March 21, 2019

US v. Millard-Grasshorn, No. 09-2825, concerned defendant's appeal from the district court's order finding defendant mentally incompetent and committing him to the custody of the Attorney General under 18 U.S.C. section 4241(d) for a determination of whether his competency can be restored.  The Eighth Circuit affirmed on the ground that the magistrate judge did not initially commit defendant under section 4241(d), and therefore the court's later order was the first judicial determination of incompetency, and commitment under section 4241(d) was accordingly required by the statute.

Hodge v. US, No. 09-3075, involved a drug and firearm possession prosecution, in which the district court denied defendant's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. section 2255.  The court of appeals affirmed on the ground that Gall v. United States, 552 U.S. 38 (2007), did not apply retroactively to cases that became final prior to its filing.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard