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District court judgment ordering that plaintiff be conditionally released from federal custody and transferred to the custody of the Commonwealth of Massachusetts for continued mental health care and treatment is affirmed where: 1) the court properly denied the government's motion to retransfer this matter to another district court as it would be irresponsible to prolong plaintiff's stay in legal limbo by re-transferring the matter to where it came from more than seven years ago; and 2) the court properly declined to proceed under 18 U.S.C. sec. 4246(g) as plaintiff does not meet its requirements. The matter is remanded for the district court to clarify for all parties the precise process, requirements, and consequences of plaintiff's conditional release under 18 U.S.C. sec. 4246(e).
Appeal from the United States District Court for the District of Massachusetts.
Decided August 3, 2009
Before: Torruella, Stahl, and Howard, Circuit Judges.
Opinion by Stahl, Circuit Judge.
For Appellant: Kirby A. Heller, U.S. Department of Justice.
For Appellee: Neil T. Smith, by Appointment of the Court.
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