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261 F.2d 729

Docket No. 17177.

Howard v. United States

Fifth Circuit Court of Appeals

Decided Dec. 10, 1958.

Fifth Circuit Court of Appeals · decided 1958-12-10

2 counsel of record

Applies 18 U.S.C. § 2312

Relies on Greenwood v. United States · United States v. Miller

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1958-12-10

How this case has been cited

Cited by 18 later decisions — most recently September 1980

8 federal appellate · 6 state decisions

801958196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*730Coy Dean Howard, in pro. per.

¶2Russell B. Wine, U. S. Atty., San Antonio, Tex., John E. Banks, Asst. U. S. Atty., for appellee.

¶3Before TUTTLE, JONES and WISDOM, Circuit Judges.

¶4PER CURIAM.

¶5The appellant was indicted for transporting a stolen automobile from the United States to Mexico in violation of 18 U.S.C.A. § 2312. After a hearing, with the appellant present and represented by court-appointed counsel, it was determined that he was mentally incompetent and incapable of standing trial, It was also determined that, if released, the appellant would endanger others. He was committed to the custody of the Attorney General and is now confined in the Federal Medical Center, at Springfield, Missouri. The proceedings were pursuant to 18 U.S.C.A. §§ 4244-4248.

¶6He sought and was denied release from custody and has appealed, presenting the single narrow question as to whether he has been denied, by the operation of the statute> the right to a speedy trial under the guarantee of the Sixth Amendment, The constitutionality of the statute has been upheld. Greenwood v. United States, 350 U.S. 366, 76 S.Ct. 410, 100 L.Ed. 412; United States v. Miller, D.C.Vt. 1955, 131 F.Supp. 88. The judgment from which appeal has been taken is

¶7Affirmed.

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