TaiLexi AI U.S. Case Law

UNITED STATES of America v. James CARBULLIDO

United States v. James Carbullido, United States Court of Appeals for the Ninth Circuit

UNITED STATES of Am. v. Carbullido, 251 F.3d 833 (9th Cir. 2001)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
June 1, 2001
Docket
No. 00-10416
Judges
Noonan, Silverman, Sedwick
Citations
251 F.3d 8332001 Daily Journal DAR 55152001 WL 5855472001 Cal. Daily Op. Serv. 44542001 U.S. App. LEXIS 11370
Status
Unpublished

Opinion — Per Curiam

PER CURIAM:

In a case of first impression in this Circuit, James Carbullido (“Carbullido”) appeals the district court’s order conditionally releasing him from custody pursuant to 18 U.S.C. § 4243 (f). Carbullido argues that the governing statute — 18 U.S.C. § 4243 (e) — only permits his commitment or unconditional release. He is correct. Conditional release is only appropriate under 18 U.S.C. § 4243 (f) after a person has been committed pursuant to 18 U.S.C. § 4243 (c)(e). Carbullido was not thus committed. Consequently, he could not be conditionally released under 18 U.S.C. § 4243 (f).

See United States v. Baker, 155 F.3d 392, 395 (4th Cir.1998) (“discharge from commitment cannot precede the commitment itself.”).

The district court’s error does not compel Carbullido’s unconditional discharge. The district court’s order finding that Carbullido did not pose a present danger to society was linked to the conditions it imposed for release. Implied in the district court’s reasoning is the conclusion that Carbullido failed to establish that his unconditional release “would not create a substantial risk of bodily injury to another person or serious damage of property to another due to a mental disease or defect. ...” 18 U.S.C. § 4243 (e) (1988).

*835 VACATED and REMANDED for further proceedings consistent with this decision.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2002: 12005: 120022026peak 2002 · 1

Relies on it most ⓘ

  1. United States v. James Carbullido307 F.3d 957 (9th Cir. 2002)
  2. United States v. Bohe370 F. Supp. 2d 958 (D.N.D. 2005)

Most recent

  1. United States v. Bohe370 F. Supp. 2d 958 (D.N.D. 2005)
  2. United States v. James Carbullido307 F.3d 957 (9th Cir. 2002)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United States v. Baker, 155 F.3d 392 (4th Cir. 1998) 8

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list