COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
United States – Appellant
Versus
Haitham Alhindi – Respondent
[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit
____________________
No. 23-11349 ____________________
UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HAITHAM YOUSEF ALHINDI,
Defendant- Appellant.
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Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:22-cr-80085-AMC-1 ____________________
Before ROSENBAUM, NEWSOM, and LUCK, Circuit Judges. USCA11 Case: 23-11349 Document: 80-1 Date Filed: 04/01/2024 Page: 2 of 32
2 Opinion of the Court 23-11349
PER CURIAM:
Mental competence is the key to a criminal defendant’s abil-
ity to unlock the value of his constitutional trial rights. Indeed,
without mental competence, a defendant cannot take advantage of
“the right to effective assistance of counsel, the rights to summon,
to confront, and to cross-examine witnesses, and the right to testify
on one’s own behalf or to remain silent without penalty for doing
so.” Riggins v. Nevada,
23-11349 Opinion of the Court 3
same defendant in a single case. Second, we must determine what exactly the four-month limitation in § 4241(d)(1) restricts: the de- fendant’s commitment to the Attorney General under the district court’s commitment order or the defendant’s hospitalization. On the first question, we conclude that district courts have authority to order more than one competency evaluation and com- mitment order. This text-based conclusion protects both the de- fendant’s right not to be tried while incompetent and the defend- ant’s right to avoid unnecessary hospitalization. As for § 4241(d)(1)’s four-month limitation, we hold that, by § 4241(d)(1)’s terms, the period begins with the defendant’s hospitalization. Applying these rules here, we determine that the district court’s second commitment order did not violate § 4241 and was not othe
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