DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
113506P.pdf 05/18/2012 United States v. Fred Neal, Jr.
U.S. Court of Appeals Case No: 11-3506
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Bye, Author, with Wollman and Benton, Circuit Judges]
Criminal case - criminal law. The district court erred in committing
defendant to a Bureau of Prisons facility for a competency evaluation
without conducting a hearing at which the government could present
evidence to justify the commitment and without seriously considering
defendant's request for an outpatient evaluation; without factual findings
this court could not conduct a meaningful review or determine whether
the district court's order complied with due process requirements by
fettering defendant's freedom in the least restrictive manner; remanded for
further proceedings.