United States v. Hollon

983 F. Supp. 2d 1379, 2012 WL 5498002, 2012 U.S. Dist. LEXIS 161692
CourtDistrict Court, M.D. Alabama
DecidedNovember 13, 2012
DocketCriminal Action No. 2:12cr102-MHT
StatusPublished
Cited by1 cases

This text of 983 F. Supp. 2d 1379 (United States v. Hollon) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Hollon, 983 F. Supp. 2d 1379, 2012 WL 5498002, 2012 U.S. Dist. LEXIS 161692 (M.D. Ala. 2012).

Opinion

OPINION AND ORDER

MYRON H. THOMPSON, District Judge.

Defendant Paul Randall Hollon is now before the court for sentencing for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). As part of this process, the government and Hollon have [1380]*1380filed a most intriguing joint motion, pursuant to 18 U.S.C. § 4244, for a psychiatric evaluation to determine whether Hollon is suffering from a mental disease or defect that, while not rendering Hollon incompetent to stand trial or be sentenced, requires inpatient treatment in lieu of mere incarceration.1 For the reasons that follow, this motion will be granted.

I.

In March 2012, Hollon was driving his Chevrolet Z71 truck on Highway 31 in Prattville, Alabama, following behind another car occupied by Tim Bowden and Jimmy Townsend. Concerned that Hollon was following him too closely, Bowden pulled into the parking lot of a roller rink and honked his horn. Hollon made a U-turn and barreled toward Bowden and Townsend. He parked his car, attempted to strike Bowden, and, after a struggle, wrested a 12-gauge pump shotgun from his trunk and fired it at Bowden’s vehicle, striking Bowden’s toolbox and injuring Bowden with the shrapnel. Hollon subsequently pled guilty in federal court to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).

At sentencing, the court was made aware that Hollon has a history of acute mental illness. In particular, Hollon produced two mental-health examinations, each of which stated that Hollon suffers from bipolar disorder.

Hollon was evaluated in May 2011 by Dr. Shankar Yalamanchili. In that evaluation, Hollon reported that he had experienced “a high level of irritability, anger and a feeling of his mood swinging wildly ... on and off for the past 15 years.” Def. Ex. (Doc. No. 34-1) at 18. Dr. Yalamanchili diagnosed Hollon with both bipolar disorder and polysubstance abuse.

Another evaluation was performed by Dr. David Ghostley in September 2012. Dr. Ghostley concluded that Hollon has “prominent bipolar mood fluctuation marked by frequent episodes of uncontrollable, explosive rage.” Def. Ex. (Doc. No. 34-1) at 11. Dr. Ghostley also stated that Hollon has suffered severe emotional trauma, including his brother’s suicide and physical and emotional abuse at the hands of his father. Id. He found that Hollon’s struggle with these issues had produced “maladaptive behaviors such as rage and self-medicating.” Id.

At Hollon’s sentencing hearing on October 15, 2012, in response to the evidence about Hollon’s mental condition and the connection of that condition to the charged offense and while there was no basis to conclude the Hollon was not mentally competent now or at the time of the offense, “the court and counsel for both the government and ... Hollon brought up the possibility of hospitalization for ... Hollon pursuant to 18 U.S.C. § 4244,” Order (No. Doc. 43), rather than his being sentenced and incarcerated solely pursuant to the United States Sentencing Guidelines. The court therefore decided to hold another hearing “on whether ... Hollon sh[ould] be hospitalized pursuant to ... § 4244.” Id. The court also required the parties to file briefs on the issue.

On November 2, 2012, the court held such a hearing. Instead of filing briefs the parties jointly asked the court to send Hollon to the Bureau of Prisons for evaluation pursuant to § 4244.

II.

18 U.S.C. § 4244 allows for hospitalization rather than mere imprisonment for a defendant who requires inpatient mental-[1381]*1381health treatment. Under the statute, the court may, on its own motion, order a hearing at any time prior to the sentencing “if it is of the opinion that there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect for the treatment of which he is in need of custody for care or treatment in a suitable facility.” 18 U.S.C. § 4244(a).2 The process incident to commitment pursuant to § 4244 is, in general, as follows.

First, in anticipation of the above hearing, the court may order a psychiatric or psychological examination of the defendant. The examiner then must file a psychiatric or psychological report with the court pursuant to 18 U.S.C. § 4247(b) and (c).3 18 U.S.C. § 4244(b). If the examiner opines that the defendant is suffering from a mental disease or defect but that it does not warrant inpatient treatment, the report must include “an opinion by the examiner concerning the sentencing alternatives that could best accord the defendant the kind of treatment he does need.” Id. The examination must be completed within a reasonable period, not to exceed 30 days. 18 U.S.C. § 4247(b).

Second, at the hearing, if the court finds by a preponderance of the evidence that the defendant is suffering from a mental disease or defect and should be committed to a facility for treatment in lieu of incarceration, then the court may commit the defendant to the custody of the Attorney General, who will hospitalize him. 18 U.S.C. § 4244(d).

When a defendant is committed pursuant to this statute, the commitment “constitutes a provisional sentence of imprisonment to the maximum term authorized by law for the offense for which the defendant was found guilty.” 18 U.S.C. § 4244(d). The courts of appeals that have interpreted this part of the statute have held that the “maximum term” refers to the statutory maximum for the offense rather than to the sentence at the top of the United States Sentencing Guidelines for that particular defendant. See United States v. Manzano, 108 Fed.Appx. 316, 318 (6th Cir. 2004); United States v. Mann, 130 F.3d 1365, 1367, opinion withdrawn, 138 F.3d 758 (9th Cir.1997); United States v. Roberts, 915 F.2d 889, 892 (4th Cir.1990).

Third, a person committed under 18 U.S.C. § 4244 may be released from the hospital when the director of the facility determines that he no longer requires inpatient care. 18 U.S.C.

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Bluebook (online)
983 F. Supp. 2d 1379, 2012 WL 5498002, 2012 U.S. Dist. LEXIS 161692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hollon-almd-2012.