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United States v. Ballard

decided: May 10, 1988.

UNITED STATES OF AMERICA
v.
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

Author: Greenberg

BEFORE: HIGGINBOTHAM, STAPLETON, and MORTON I. GREENBERG, Circuit Judges

JUDGMENT ORDER

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.

19880510

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