United States of America v. Duane Letroy Berry

Raleigh, North Carolina criminal defense lawyer represented the Defendant charged with knowingly conveying false information or hoaxes in violation of 18 U.S.C. § 1038(a). Specifically, Berry was accused of planting a fake bomb outside the Guardian Building in Detroit, where many corporate employees for the Bank of America

work.



This case involved two interconnected civil commitment statutes—18 U.S.C. § 4241 and 18 U.S.C. § 4246. Section 4241 permits a federal court to commit a mentally incompetent criminal defendant to determine if his competency can be estored so that he may stand trial. See 18 U.S.C. § 4241(d). Section 4246 allows a federal court to commit a person (1) whose federal sentence is about to expire, (2) who is in custody under § 4241, or (3) whose federal charges have been dismissed, if his release would pose a substantial danger to the public. See 18 U.S.C. § 4246(a).

Affirmed