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No Release for Defendant Found Not Guilty by Reason of Insanity

By Shari Allison

United States v. Livesay, ___ F.3d ___ , 2010 WL 918067 (10th Cir. 2010). Bipolar defendant found not guilty by reason of insanity of possession of a firearm by a convicted felon (he shot firearm into ground and pellets hit state officers; state decided not to prosecute, D checked self into mental health treatment facility. Feds then picked up the charges). As required, district court ordered an evaluation, and government psychiatrist found defendant fine because currently under treatment, but opined that if treatment should end, there was a high likelihood his symptoms would return and he could be potentially violent. The psych would not recommend unconditional release because there was ?a high likelihood that he might become non-compliant with treatment...continue to full post

Full post as published by Tenth Circuit Blog on March 17, 2010 (boomark / email).