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U.S. v. WHEELER

Crim. A. No. 89-83.

744 F.Supp. 633 (1990)

UNITED STATES of America, v. Robert K. WHEELER, and Volunteer Construction Corp.

United States District Court, E.D. Pennsylvania.

July 27, 1990.

Attorney(s) appearing for the Case

Timothy R. Rice, Asst. U.S. Atty., Philadelphia, Pa., for plaintiff.

Claire J. Rauscher, Asst. Defender, Defender Assoc. of Phila., Philadelphia, Pa., for defendants.

MEMORANDUM AND ORDER

HUYETT, District Judge.

The issue before this court is the proper procedure which a district court should follow after a defendant has been found mentally incompetent to stand trial pursuant to 18 U.S.C. § 4241(d) and the facility in which the defendant was hospitalized pursuant to 18 U.S.C. § 4241(d) has determined that there is not a substantial probability that defendant will attain the capacity to permit the trial to proceed...

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