UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: May 10, 1988.
UNITED STATES OF AMERICA
JAMES M. BALLARD, APPELLANT
On Appeal from the United States District Court for the Eastern District of Pennsylvania, Criminal Action No. 87-00084-01, District Judge: Honorable James T. Giles
BEFORE: HIGGINBOTHAM, STAPLETON, and MORTON I. GREENBERG, Circuit Judges
Morton I. Greenberg, Circuit Judge
After consideration of the contentions raised by appellant, to wit, (1) that before the United States can commit an accused as mentally incompetent to stand trial, it must afford him an adversary probable cause hearing; and (2) that appellant was entitled to a preliminary hearing pursuant to Fed. R. Crim. P. 5(c), but it appearing that appellant has been indicted and thus no final judgment has been entered on this appeal from an order denying a preliminary hearing, it is
ADJUDGED and ORDERED that the appeal be and is hereby dismissed.
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