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Appeal Re Commitment Order, Plus Sentencing Challenge

By FindLaw Staff on April 27, 2010 3:59 PM

US v. Millard-Grasshorn, No. 09-2825, concerned defendant's appeal from the district court's order finding defendant mentally incompetent and committing him to the custody of the Attorney General under 18 U.S.C. section 4241(d) for a determination of whether his competency can be restored.  The Eighth Circuit affirmed on the ground that the magistrate judge did not initially commit defendant under section 4241(d), and therefore the court's later order was the first judicial determination of incompetency, and commitment under section 4241(d) was accordingly required by the statute.

Hodge v. US, No. 09-3075, involved a drug and firearm possession prosecution, in which the district court denied defendant's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. section 2255.  The court of appeals affirmed on the ground that Gall v. United States, 552 U.S. 38 (2007), did not apply retroactively to cases that became final prior to its filing.

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