U.S. v. Chaudhry

• Decision Date: 17 August 2009
• Docket Number: No. C 03-40210 CRB.,C 03-40210 CRB.
• Parties: UNITED STATES of America, Plaintiff, v. Mohammad Yousuf CHAUDHRY, Defendant.
• Court: U.S. District Court — Northern District of California

646 F.Supp.2d 1140

UNITED STATES of America, Plaintiff, v. Mohammad Yousuf CHAUDHRY, Defendant.

No. C 03-40210 CRB.

United States District Court, N.D. California.

August 17, 2009.

Erik G. Babcock, Law Offices of Paul Delano Wolf, Oakland, CA, for Defendant.

ORDER

CHARLES R. BREYER, District Judge.

The issue before the Court is whether a defendant who has been convicted but not yet sentenced may be subject to a competency determination as set forth in 18 U.S.C. § 4241, or whether 18 U.S.C. § 4244 is the only provision that is operative at this stage in the proceedings. After carefully considering the submissions of the parties and with the benefit of oral argument, the Court holds that the competency standard in § 4241 does apply in these circumstances.

BACKGROUND

On June 13, 2008, Defendant Mohammad Yousuf Chaudhry was convicted on sixteen counts related to tax fraud. On September 10, 2008, Defendant submitted an ex parte application to continue sentencing so that he could undergo a psychiatric examination. The Court granted the application the next day. At no point before or during Defendant's trial had counsel raised the issue of Defendant's competency, nor has any party suggested that Defendant was incompetent to stand trial. The instant proceedings have focused solely on Defendant's mental capacity for the period post-conviction and before sentencing.

The parties appeared for hearings on November 5 and November 12, 2008, to discuss the results of the doctor's examination. The Court instructed the government to identify a psychiatrist who could also examine Defendant. On November 14, 2008, the Court appointed Dr. John R. Chamberlain, one of the government's suggested doctors, to evaluate Defendant and determine his mental competency.

A competency hearing on December 10 was continued until December 15 to allow counsel to review the medical reports. Before the hearing, the Court considered the reports of Dr. John M. Greene (the defense expert) and Dr. John R. Chamberlain. Dr. Greene stated, in his opinion, "with reasonable medical certainty, that Mr. Chaudhry is currently unable to have a rational understanding of the proceedings against him, because of his Psychotic Disorder."

Similarly, when asked, "Does the defendant have the ability to understand the nature of the criminal proceedings?" Dr. Chamberlain answered:

No. Mr Chaudhry appeared to believe there was a conspiracy against him. He appeared to believe the government and prosecutors influenced the jury. He appeared to believe the case against him had to do with things other than tax charges. He appeared to believe his being Muslim was a factor in the case outcome.

In response to the question of whether Defendant has the ability to assist counsel in the conduct of a defense in a rational manner, Dr. Chamberlain again answered "No." He went on to state that Defendant "appeared to be too preoccupied with apparently delusional material to assist counsel in a rational manner."

At the competency hearing, the parties agreed to submit the matter on the two medical reports. See Transcript Dec. 15, 2008 at 4. The parties also agreed that 18 U.S.C. § 4241 was the operative statute governing the proceedings. See id. at 3-4. Based on the parties' submissions, the Court found by a preponderance of the evidence that Defendant was presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and the consequences of the proceedings against him or to assist properly in his defense. The Court committed Defendant to the custody of the Attorney General pursuant to 18 U.S.C. § 4241(d). Under that section, Defendant was hospitalized "for treatment in a suitable facility for such reasonable period, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit sentencing to proceed." Order Dec. 15, 2008.

On June 3, 2009, the Court received a psychiatric evaluation from the Federal Bureau of Prisons. The report, dated May 7, 2009, stated that:

It is our opinion Mr. Chaudhry is suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings filed against him or assist properly in his own defense, nor is there a substantial probability that his competency will be restored in the foreseeable future.... If the Court agrees with our opinion, Mr. Chaudhry is subject to Title 18, U.S.C., Section 4246 and should be returned to the custody of the Attorney General for designation to a Medical Referral Center to undergo a risk assessment pursuant to the above statute.

The opinion was signed by Raul Campos, Acting Warden at Federal Medical Center ("FMC") Butner. The report included a Forensic Evaluation signed by both a Staff Psychologist and Staff Psychiatrist at the federal facility.

On June 4, 2009, the government submitted a memorandum suggesting the Court (and the parties) had erred in applying the terms of 18 U.S.C. § 4241. The government contended that 18 U.S.C. § 4244 is the only section that may apply to mentally ill defendants who have been convicted and face sentencing. Under § 4244, the question for the Court would be not whether Defendant was competent, but rather whether his mental condition requires that he be committed to an appropriate facility for care and treatment in lieu of imprisonment.

On June 24, 2009, new counsel substituted in for Mr. Chaudhry. In anticipation of an upcoming status conference, Defendant submitted a memorandum challenging the government's reading of the relevant statutes. Defendant argued that there was no mistake; § 4241 was still applicable at this stage in the proceedings. Counsel requested that pursuant to the suggestion of the acting warden at FMC-Butner, Defendant be returned to that facility for a risk assessment.

On July 1, 2009, the Court held a hearing and requested the parties submit further briefing on the matter. At the hearing, the government also suggested it wanted to challenge the finding of the psychiatric evaluation submitted by FMC-Butner. The government did not address that argument in its briefing however. Rather, both parties focused on whether § 4241 or § 4244 applies to Mr. Chaudhry.

On July 15, 2009, the Court held further argument on the issue and took the matter under submission. Given the government's change in position on the applicability of § 4241, the government was instructed to file a letter detailing the official position of the United States Department of Justice. On August 14, 2009, government counsel submitted that she "has consulted with the Criminal Appellate Section of the Department of Justice, which confirmed that 18 U.S.C. § 4244 sets forth the procedures that apply where issues regarding the defendant's mental health including competency are raised post—conviction but pre—sentencing." The Court disagrees.

DISCUSSION

I. Legal Standards

The parties do not dispute that Mr. Chaudhry suffers from mental illness. The question is, given his mental condition, what are the next steps the Court should take? The crux of the parties' dispute is whether 18 U.S.C. § 4241 or § 4244 should apply where a defendant has already been convicted but has not yet been sentenced. The two statutes at issue fall in the chapter of the criminal code titled "Offenders with Mental Disease or Defect."

A. Section 4241

Defendant contends the competency determination outlined by 18 U.S.C. § 4241 applies to this case. That section, titled "Determination of mental competency to stand trial to undergo postrelease proceedings," provides that "[a]t any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant ... the defendant or the attorney for the Government may file a motion for a hearing to determine the mental competency of the defendant." 18 U.S.C. § 4241(a) (emphasis added). The Court is directed to grant the motion "if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense." Id.

If the Court finds by a preponderance of the evidence that the defendant is incompetent, the Court "shall commit the defendant to the custody of the Attorney General." Id. § 4241(d). The Attorney General shall hospitalize the defendant:

(1) for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the proceedings to go forward; and

(2) for an additional reasonable period of time until—

(A) his mental condition is so improved that trial may proceed, if the court finds that there is a substantial probability that within such additional period of time he will attain the capacity to permit the proceedings to go forward; or

(B) the pending charges against him are disposed of according to law; whichever is earlier.

Id.

If, at the end of the "additional reasonable period," the defendant's mental condition "has not so improved as to permit proceedings to go forward," the defendant is subject to the provisions of 18 U.S.C. § 4246. Id. Section 4246 details the procedure for conducting a risk assessment for persons who are otherwise eligible for release from federal custody. 18 U.S.C. § 4246.

Section 4241 codifies the standard for competency set forth by the Supreme Court in Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960) (per curiam). In Dusky, the Court clarified that the test for competency is whether a defendant "has sufficient present ability to consult with his lawyer with a reasonable degree of...