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Revocation of Conditional Release from Mental Health Facility Reversed

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By FindLaw Staff on April 21, 2010 1:24 PM

US v. Crape, No. 09-12470, concerned defendant's appeal from the revocation of his conditional release following his writing of letters threatening to kill several teenagers.  The court of appeals reversed, holding that requiring defendant to refrain from writing threatening letters and revoking his discharge from a psychiatric hospital for the failure to comply with that condition exceeded the district court's authority under 18 U.S.C. section 4243(g).

As the court wrote:  "Michael Crape was committed to a mental-health facility after being found not guilty by reason of insanity on charges of mailing threatening letters to the President and Vice-President of the United States. Five months later, the district court ordered Crape's release pursuant to 18 U.S.C. § 4243(f), which provides for the conditional discharge of insanity acquittees under a prescribed regimen of medical treatment. As a condition of that release, the court forbade Crape from sending any more threatening letters. When Crape later mailed a letter threatening to kill several teenagers, the court revoked his conditional discharge pursuant to § 4243(g)."

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