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United States v. Brown

United States District Court, N.D. Oklahoma

June 24, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
TERRENCE ANTHONY BROWN Defendant.

          OPINION AND ORDER

          TERENCE KERN United States District Judge.

         This matter comes before the Court on the Show Cause Order of July 31, 2018. and the Motion to Show Cause filed by the Defendant, Terrence Anthony Brown. Docs. 81, 82. In its order, the Court instructed Defendant to show cause why-pursuant to the Forensic Psychological Report produced by the Risk Assessment Panel at the U.S. Medical Center for Federal Prisoners-he should not be committed to a suitable facility for individuals suffering from a mental disease or defect. Id. In response, Defendant filed a document titled, “Motion to Show Cause, ” in which he argues that commitment under the current scenario is improper, and he requests conditional release. Doc. 82. The United States opposes Defendant's request. Doc. 84.

         I. Background

         On September 2, 2003, Defendant Terrence Anthony Brown was charged in the Northern District of Oklahoma, in Indian Country, with breaking and entering in violation of 18 U.S.C. §§ 1151 and 1153 and 21 O.S. §§ 1431 and 1435; knowingly attempting to cause an adult female to engage in a sexual act by using force and threatening and placing her in fear that she would be subjected to serious bodily injury and death, in violation of 18 U.S.C. §§ 1151, 1153, 2241(a) and 2246(2)(A), (B) and (C); breaking and entering the dwelling house of an adult female with intent to commit some crime, in violation of 18 U.S.C. §§ 1151 and 1153 and 21 O.S. §§ 1431 and 1435; and knowingly attempting to cause an adult female to engage in a sexual act by using force against her and threatening and placing her in fear that she would be subjected to serious bodily injury and death, in violation of 18 U.S.C. §§11151, 1153, 2241 and 2246. Doc. 6.

         On February 10, 2005, Defendant was remanded to the custody of the United States Attorney General pursuant to 18 U.S.C. § 4256 for an evaluation of dangerousness after being found incompetent to stand trial. Doc. 53. On July 5, 2005, the warden of the federal Medical Center in Butner, North Carolina, informed the Court that:

It is our opinion that Mr. Brown is not suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to the property of another.
He remains on Seroquel 800 mg at bedtime and requires psychiatric follow-up at least once every three months for monitoring of side effects and mental status.

Doc. 58. Following a competency hearing on August 18, 2005, the Court determined that Defendant should be conditionally released to the custody of his grandmother and aunt pursuant to 18 U.S.C. § 4246(e)(2).[1] Id. The Court imposed conditions of release typically applied to supervised release, including a prohibition against the use of alcohol or controlled substances or paraphernalia related to such substances; urinalysis and other forms testing for illicit drug use, substance abuse treatment; participation in a program of mental health treatment, as directed by the probation officer; compliance with any mental health drug regiment prescribed by a mental health provider; participation in sex offender treatment; and residency and participation in a halfway house, psychiatric halfway house, or group home. Id.

         On July 14, 2009, felony charges of Attempted Rape-First Degree, Forcible Sodomy and Burglary-First Degree were filed against Defendant in Osage County, Oklahoma District Court, No. CF-2009-195. Doc. 59. On July 23, 2009, this Court issued a warrant for Defendant's arrest for violation of the conditions of his conditional release. Doc. 60. On October 5, 2010, Defendant pleaded guilty to all counts charged against him in the state court case. Doc. 82, Exs. 5-6. He was sentenced to three 20-year terms, to run concurrently, with all but the first 10 years suspended. Id., Ex. 7.

         On February 20, 2018, after Defendant was released from Oklahoma prison to his federal hold, he appeared before this Court for a hearing on an Order on Conditional Release alleging he had violated his conditions of release. Doc. 77. On February 23, 2018, the Court ordered that Defendant be remanded to the custody of the United States Attorney General for an evaluation of dangerousness pursuant to 18 U.S.C. § 4246. Doc. 78.

         On July 26, 2018, the Court received and filed a Forensic Psychological Report produced by the Risk Assessment Panel at the U.S. Medical Center for Federal Prisoners. Doc. 83. The Panel opined that Defendant's release would create a substantial risk of bodily injury to another person or serious damage to the property of another, and it recommended civil commitment for inpatient treatment. Id. On July 31, 2018, the Court ordered counsel in this case to show cause within 30 days as to why Defendant should not be committed to a suitable facility for individuals suffering from a mental disease or defect. Id.

         In response to the Court's Show Cause order, Defendant filed a Motion to Show Cause asserting that:

. the original order releasing him under conditions of release did not comply with the statutory mandates concerning the release of inmates pursuant to 18 U.S.C. §4246;
. proceeding with revocation of the conditional discharge of Defendant under 18 U.S.C. ยง4246(f) would deny Defendant important Due Process rights attendant with the civil commitment process; the hearing should be conducted ...

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