United States v. Redhorse, 2:16-cr-00011

Defendant Toretto Michael Redhorse was found incompetent to stand trial on May 17, 2017 and committed under 18 U.S.C. § 4241(d) for a limited restoration period (up to four months).
Court ordered the Attorney General or designee to file a detailed report by Sept. 15, 2017 on competency and the likelihood of restoration; defense expert Dr. Angela Eastvold was authorized to evaluate Redhorse.
Bureau of Prisons examiner Dr. Evan S. Du Bois (9/14/17) and Dr. Eastvold (9/24/17) each reported Redhorse remained incompetent; Du Bois thought restoration might be possible with additional treatment, Du Bois requested an additional 120 days under § 4241(d).
Dr. Eastvold opposed the extension, stating she could not say Redhorse would attain competency after four more months and believed his understanding would remain limited to rote memorization.
The BOP Certification Review Panel concluded Redhorse should not be certified as dangerous or sexually dangerous under 18 U.S.C. §§ 4248 or 4246; Du Bois memorialized that conclusion in a Sept. 19, 2017 report.
Parties submitted a Joint Request to Submit for Decision in lieu of live testimony, representing the experts’ testimony would mirror their written reports; court held an evidentiary hearing had been scheduled but not necessary.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Redhorse is competent to stand trial	Government relied on BOP evaluation concluding continued incompetence and sought further action only if restoration unlikely	Defense expert argued continued incompetence and doubted restoration even with more time	Court found Redhorse incompetent to stand trial due to a mental disease or defect
Whether there is a substantial probability he will attain competency in the foreseeable future	BOP examiner suggested additional treatment could possibly restore competency and requested 120-day extension	Defense expert opposed extension, stating no reasonable probability of attaining competency with 4 more months	Court found there is not a substantial probability he will attain competency in the foreseeable future
Whether to pursue civil commitment or other certificates under §§ 4248/4246	Government was to be prepared to file certificates if court found unlikely restoration	Defense did not urge certification; Dr. Eastvold focused on incompetence and non-restorability	BOP panel already determined Redhorse will not be certified; court declined to order hearings under §§ 4248 or 4246
Whether live testimony was required	Government and defense jointly represented that live testimony would not differ from reports	Defense agreed same	Court accepted joint submission and decided based on the written reports

None cited.