The opinion of the court was delivered by: Judge: Hon. Lawrence K. Karlton
ORDER RE REQUEST FOR HEARING REGARDING STATUS OF MOTION FOR DISCHARGE OR CONDITIONAL RELEASE HEARING
TO THE HONORABLE LAWRENCE K. KARLTON AND THE PARTIES HERETO:
David Guidry moves pursuant to 18 U.S.C. section 4247(h)for an Order of Discharge or Conditional Release. He also moves for his immediate release because this Court expressly limited any recommitment for hospitalization on a Not Guilty By Reason of Insanity verdict to a period of time Mr. Guidry has already served. This Motion is supported by the following Memorandum of Points and Authorities.
On December 5, 1997, in U.S. District Court of Oregon, Mr. Guidry was found not guilty by reason of insanity for the charge of attempted rape. Mr. Guidry was subsequently committed to the custody of the Attorney General for hospitalization until such time as the director of the facility in which he was hospitalized determined that he had recovered from his mental disease and defect to such extent that his release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, would no longer create a substantial risk of bodily injury to another person or serious damage to the property of another.
Mr. Guidry was released on August 10, 2000. Within two weeks, he committed a bank robbery in the Eastern District of California for which this Court sentenced him to 96 months. Evidently, this Court also imposed judgment in the District of Oregon case as if it were a related supervised release violation.
Following imposition of the 96 month sentence, the following occurred in open court as set forth in the attached transcript. (Exhibit A).
THE COURT: (Honorable Lawrence K. Karlton) Defendant is remanded to the custody of the marshal.
MR. TISE-RASKIN: Your Honor, there is one additional matter, if I may?
There is the pronouncement of the judgment in connection with the companion case for violation of the petition.
THE COURT: Court finds that the defendant violated and is sentenced to whatever the maximum is to run concurrent.
THE DEFENDANT: Thank you very much.
MR. TICE-RASKIN: Thank you, ...