U.S. v. Cheama, 83-2288

• Decision Date: 02 April 1984
• Docket Number: No. 83-2288,83-2288
• Citation: 730 F.2d 1383
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Lennie CHEAMA, Defendant-Appellant.
• Court: U.S. Court of Appeals — Tenth Circuit

Page 1383

730 F.2d 1383

UNITED STATES of America, Plaintiff-Appellee, v. Lennie CHEAMA, Defendant-Appellant.

No. 83-2288.

United States Court of Appeals Tenth Circuit.

April 2, 1984.

Edwin Macy, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant.

David N. Williams, Asst. U.S. Atty., Albuquerque, N.M. (William L. Lutz, U.S. Atty., Albuquerque, N.M., with him on brief), for plaintiff-appellee.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The order which is here appealed is that of the United States District Court for the District of New Mexico. In the order the defendant was committed to the custody of the Attorney General pursuant to 18 U.S.C. Sec. 4246. This was after defendant was found incompetent to stand trial on federal murder and assault charges. The order of commitment provides that the defendant will remain in the custody of the Attorney General "until the defendant shall be mentally competent to stand trial or until the pending charges against him are disposed of according to law." The order also requires that the director of the institution report to the court within six months "with a determination as to whether or not he anticipates that the mental condition of the defendant will change substantially in order to permit him to stand trial."

On this appeal the defendant-appellant Cheama has challenged the foregoing order. He claims that the federal government is not allowed to detain him indefinitely without a showing that he is dangerous to the officers, property or interests of the United States according to 18 U.S.C. Sec. 4247. Furthermore, he asserts that the Federal Medical Center in Springfield, Missouri, is an inadequate treatment facility, and he asks to be transferred to an appropriate state mental hospital. Finally, he insists that the charges against him ought to be dismissed.

The federal grand jury in New Mexico returned a two count indictment against the defendant, in which it charged him in Count I with first degree murder contrary to 18 U.S.C. Secs. 1153 and 111. In Count II the grand jury charged him with assault with intent to commit murder in violation of 18 U.S.C. Secs. 1153 and 113(a). Defendant was subsequently arraigned on the charges and not guilty pleas were entered.

Soon thereafter defendant filed a motion under 18 U.S.C. Sec. 4244 in which he requested the appointment of a psychiatrist to examine him and give him an evaluation as to his competence to stand trial. On June 2, 1983, the defendant's attorney requested that the court order him to be transferred to a Federal Medical Center, such as the one in Springfield, Missouri, so as to further evaluate his competence. On June 3, 1983 (the next day) the defendant was ordered transported to the Medical Center in Springfield, Missouri for study and treatment in order that a competency evaluation could be made.

The matter came before the United States District Court on September 22, 1983, for a competency determination following the defendant's return from the Federal Medical Center. It was stipulated between the parties that the defendant was suffering from schizophrenia and organic brain syndrome. On September 28, 1983, six days after the hearing, the trial judge found the defendant to be incompetent to stand trial and, pursuant to 18 U.S.C. Sec. 4246, remanded him to the custody of the Attorney General "until the defendant shall become mentally competent to stand trial, or until the pending charges against him are disposed of according to law."

On October 4, 1983, the defendant brought this present appeal.

The statutes under which this matter arises require the district court to order psychiatric examination of a criminal defendant who the Attorney General has reason to believe may be incompetent to stand trial. The court is required to conduct a hearing and make findings on the question of competence. 18 U.S.C. Sec. 4244. If the trial court finds a defendant to be incompetent under Sec. 4244, the court may commit him to the custody of the Attorney General "until the accused shall be mentally competent to stand trial or until the pending charges against him are disposed of according to law." 18 U.S.C. Sec. 4246. Although the language of this statute appears to permit indefinite confinement of an accused, the federal courts have indicated that there should be limits to this provision, this so-called Sec. 4246 confinement. Greenwood v. United States, 350 U.S. 366, 76 S.Ct. 410, 100 L.Ed. 412 (1956); United States v. DeBellis, 649 F.2d 1 (1st Cir.1981); United States v. Wood, 469 F.2d 676 (5th Cir.1972); United States v. Curry, 410 F.2d 1372 (4th Cir.1969). Under the prevailing interpretation of the statutory scheme, the trial court may commit an incompetent defendant under Sec. 4246 for such reasonable time as is necessary to determine whether there is a likelihood that the defendant will ever regain competency. Once a trial court determines that the accused is unlikely to become competent in the foreseeable future, the court must then conduct a hearing to determine whether, if released, the accused "will probably endanger the safety of the officers, property, or other interests of the United States, and that suitable arrangements for the custody and care of the prisoner are not otherwise available." 18 U.S.C. Sec. 4247. If the court finds that the accused is dangerous and that no other facilities can adequately accommodate him or her, the statute allows the Attorney General to retain custody over the accused until competency is attained or until the accused is no longer dangerous. 18 U.S.C. Secs. 4247-48. The Supreme Court has upheld the constitutionality of these provisions. See Greenwood v. United States, supra.

Before we can address this matter, we must note that the government has challenged the defendant's appeal. The government claims that the order appealed from is not now and cannot be final within the meaning of 28 U.S.C. Sec. 1291, the appeals statute. According to the government, the question of competency is "a basic predicate for the invocation of the criminal trial process," and is necessary to the criminal proceedings. Thus, the government argues, this court may not review commitment orders until the termination of the substantive criminal proceedings. We do not agree that competency determinations are never appealable but, as indicated below, there must be some final disposition of the competency issue before an appeal may lie.

This matter is not the ordinary case in which a final judgment has been entered. However, there is an order of commitment and under circumstances where the necessity is apparent, it is appropriate for the court, in the execution of its duty, to examine the matter. The finality requirement "promotes judicial efficiency and enhances a strong policy against piecemeal reviews and against obstructing or impeding ongoing judicial proceedings." Battle v. Anderson, 708 F.2d 1523, 1527 (10th Cir.1983), cert. dismissed sub nom. Meachum v. Battle, --- U.S. ----, 104 S.Ct. 1019, 79 L.Ed.2d 248 (1984). This is particularly true in criminal cases. United States v. Eggert, 624 F.2d 973 (10th Cir.1980). We must acknowledge, however, that the Supreme Court "has long given [the finality] provision of the statute [a] practical rather than a technical construction." Cohen v. Beneficial Indus. Loan Corp., 337...