Guy v. Ciccone, 20190.
| Decision Date | 17 March 1971 |
| Docket Number | No. 20190.,20190. |
| Citation | 439 F.2d 400 |
| Parties | Adrian Lee GUY, Appellant, v. Dr. P. J. CICCONE, Director, United States Medical Center for Federal Prisoners, Springfield, Missouri, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Before MATTHES, Chief Judge and LAY and BRIGHT, Circuit Judges.
Appellant Adrian Lee Guy, a fifteen-year-old Indian who was confined at the Medical Center for Federal Prisoners at Springfield, Missouri, filed a petition for writ of habeas corpus with the United States District Court for the Western District of Missouri on December 30, 1969. Guy alleged that his constitutional rights were being violated in that he was being held in an "addult sic penal like prison, or place that has better than 95 percent convicted persons." He also charged that his court-appointed attorney had unlawfully waived his rights in consenting to the confinement. Guy had been charged in the District of North Dakota with the crime of rape within the boundaries of an Indian reservation. Upon the motion of his attorney and pursuant to 18 U.S. C. § 4244, the district court for the District of North Dakota had ordered Guy to the Federal Medical Center for the purpose of determining his competency to stand trial.
His habeas corpus petition was denied on February 16, 1970. The habeas court, in an unreported opinion, ruled that Guy must seek relief from his confinement in the committing court as required by the rule of Arco v. Ciccone, 252 F.Supp. 347 (W.D.Mo.1965), aff'd, 359 F.2d 796 (8th Cir. 1966). Guy brings this appeal in forma pauperis.
Initially, we face appellee's motion to dismiss on the ground that appellant violated our rules by failing to file any brief in this court. In view of appellant's youth and his lack of appointed counsel, we deemed it essential to examine the proceedings in both the committing court and the habeas court in passing upon the motion.
In that review, we discovered that Guy is no long confined at the Medical Center, but, subsequent to the filing of this appeal, has been returned to North Dakota. In May of 1970, he pleaded guilty to the criminal charge against him in the committing court. His conviction has since been set aside pursuant to provisions of the Youth Corrections Act, 18 U.S.C. § 5021(b).1 Thus, appellant's claims of illegality of confinement and illegality in the proceedings resulting in his confinement have now been mooted by his complete release from any confinement, and this appeal must be dismissed. See Harper v. Ciccone, 434 F. 2d 247 (8th Cir. 1970); cf. Hudson v. Hardy, 137 U.S.App.D.C. 366, 424 F.2d 854, 856, n.5 (1970).
BRIGHT, Circuit Judge, joined by LAY, Circuit Judge, concurring.
After examining Guy's files, we feel that the subject of an alleged illegal confinement of a juvenile in the Medical Center for Federal Prisoners at Springfield, Missouri, deserves additional comment, particularly in the interest of avoiding a repetition with another juvenile should there be merit to petitioner's allegations. See Moore v. Ogilvie, 394 U.S. 814, 89 S.Ct. 1493, 23 L.Ed.2d 1 (1969).
In reviewing the nature and duration of appellant's stay at the Medical Center, we note that Guy entered the institution on December 13, 1969. Three days later, staff psychiatrists examined him and prepared a written report. Thereafter, Guy underwent other routine medical examinations. The staff issued a final report on January 14, 1970. Both reports showed Guy to be a normal, physically and mentally healthy teenager. Yet Guy remained at the Center for a period totalling eighty-nine days, about two-thirds of which time was served subsequent to the issuance of these reports. During this period, as we have already noted, the habeas court granted him no relief. Although the Medical Center reports indicated Guy was healthy and clearly competent to assist in his defense, these reports were not transmitted to any court. As a matter of proper procedure, the Center should have sent them to the committing court upon completion of the evaluation. Several weeks later, on February 9, 1970, the Federal Medical Center sent the reports to the committing court and notified the Clerk of Court and the United States Attorney and Marshal for the District of North Dakota that Guy was available to be returned. For some reason not revealed by the record, Guy remained in custody at the Medical Center until March 4, 1970.
It is quite appropriate here to consider appellant's probable environment during his stay there. For this, we turn to public information concerning the Medical Center. We find particularly instructive a 1966 publication of the Federal Bureau of Prisons, A Study of the Federal Prisons Health Services (hereinafter Prison Study). This publication presents the results of an in-depth study of the complete medical program at federal prisons conducted by representatives of the Bureau of Prisons and the Bureau of Medical Services and private consultants. The resulting publication devotes much discussion to the Medical Center for Federal Prisoners at Springfield, Missouri.
We learn that the Medical Center serves as the Bureau's central facility for the treatment of long-term, difficult and unusual medical and psychiatric cases. Prison Study at 48. The facility also serves as the principal institution for performing psychiatric examinations to assist the federal courts in making decisions regarding mental competency pursuant to 18 U.S.C. § 4244, and it provides treatment for persons who are found incompetent to stand trial and committed pursuant to 18 U.S.C. § 4246. Id. at 15, 48. Patients assigned to the Medical Center pursuant to §§ 4244 and 4246 occupy a substantial portion of the time of the limited and overburdened staff.2
These services are provided in a custodial, security atmosphere which dominates over the hospital nature of the institution. We have recognized previously that the Federal Medical Center is a penal institution and that one confined there suffers incarceration. United States v. Mills, 434 F.2d 266, 272 (8th Cir. 1970). See Van Sirrs v. Ciccone, 437 F.2d 884 (8th Cir. 1971); ...
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Williams v. Richardson, 72-1534.
...and one who is confined there suffers incarceration, e. g., Henry v. Ciccone, 440 F.2d 1052 (8th Cir. 1971); Guy v. Ciccone, 439 F.2d 400 (8th Cir. 1971) (concurring opinion), and such holdings are particularly relevant in light of allegations in the complaint that "unsentenced, untried, me......
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U.S. v. Parsch
...conviction had been set aside. Accordingly, we conclude that Parsch's appeal is not moot and consider its merits. But see Guy v. Ciccone, 439 F.2d 400 (8th Cir. 1971); Jamison v. United States, 279 F.2d 892 (6th Cir. 1960); Kayamakcioglu v. United States, 418 F. Supp. 356, 359 (S.D. N.Y. Fe......
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United States v. Pardue, Crim. No. 12758.
...Federal Medical Center does not qualify as a psychiatric hospital. Henry v. Ciccone, 440 F.2d 1052, 1054 (8 Cir. 1971); Guy v. Ciccone, 439 F.2d 400, 402 (8 Cir. 1971); United States v. Jackson, 306 F.Supp. 4, 6 (N.D.Cal.1969). Hospitalization in Maryland was not deemed feasible because it ......
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Henry v. Ciccone, 20422.
...future." But this is not enough. The records of this court are filled with such delays. Only the other day — March 17th — in Guy v. Ciccone, 8 Cir., 439 F.2d 400, Guy was held at the F.M.C. for 89 days, although he was "a normal physically and mentally healthy youngster" and was found so to......