No. 25-5812

Michael Barreto v. United States

Lower Court: Second Circuit
Docketed: 2025-10-07
Status: Pending
Type: IFP
Response RequestedResponse WaivedIFP
Tags: competency-hearing criminal-procedure defendant-rights judicial-discretion mental-competency statutory-interpretation
Latest Conference: N/A
Question Presented (from Petition)

If a district court orders a competency examination under § 4241(b) based upon reasonable cause to question a defendant's competency, is it mandatory that it thereafter hold a competency hearing under § 4241(a), even if the § 4241(b) examination concludes the defendant is competent?

Question Presented (AI Summary)

If a district court orders a competency examination under § 4241(b) based upon reasonable cause to question a defendant's competency, is it mandatory that it thereafter hold a competency hearing under § 4241(a), even if the § 4241(b) examination concludes the defendant is competent?

Docket Entries

2026-02-24
Reply of Michael Barreto submitted.
2026-02-06
Brief of respondent United States in opposition filed.
2026-02-06
Brief of United States in opposition submitted.
2025-12-29
Motion to extend the time to file a response is granted and the time is further extended to and including February 6, 2026.
2025-12-23
Motion to extend the time to file a response from January 7, 2026 to February 6, 2026, submitted to The Clerk.
2025-12-23
Motion of United States for an extension of time submitted.
2025-12-05
Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2026.
2025-12-04
Motion of United States for an extension of time submitted.
2025-12-04
Motion to extend the time to file a response from December 8, 2025 to January 7, 2026, submitted to The Clerk.
2025-11-06
Response Requested. (Due December 8, 2025)
2025-10-30
DISTRIBUTED for Conference of 11/14/2025.
2025-10-22
Waiver of right of respondent United States to respond filed.
2025-10-22
Waiver of United States of right to respond submitted.
2025-10-06
Motion (25M19) Granted.
2025-10-06
Motion Granted.
2025-09-10
DISTRIBUTED for Conference of 9/29/2025.
2025-08-28
Motion for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2025-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2025)

Attorneys

Michael Barreto
Michael Patrick RobottiBallard Spahr LLP, Petitioner
United States
D. John SauerSolicitor General, Respondent