Supreme Court of the United States · Official docket →
Michael Barreto v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 23-6799 · judgment May 30, 2025
Question presented
Under 18 U.S.C. § 4241(a), a district court “shall” hold a competency hearing “if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.” (emphasis added). Under 18 U.S.C. § 4241(b), “[p]rior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c).” (emphasis added). The question presented is as follows: If a district court orders a competency examination under § 4241(b) based upon reasonable cause to question a defendant’s competency, is it mandatory that it thereafter hold a competency hearing under § 4241 (a), even if the § 4241(b) examination concludes the defendant is competent?
Counsel of record
For petitioner
Michael Patrick Robotti
Ballard Spahr LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 3 conferences
Linked docket
25M19
Proceedings
- Mar 23 2026Motion for leave to file a reply brief under seal with redacted copies for the public record filed by petitioner GRANTED.
- Mar 23 2026Petition DENIED.
- Feb 26 2026DISTRIBUTED for Conference of 3/20/2026.
- Feb 24 2026Motion for leave to file a reply brief under seal with redacted copies for the public record filed by petitioner.
- Feb 24 2026Reply of petitioner Michael Barreto filed.
- Feb 06 2026Brief of respondent United States in opposition filed.
- Dec 29 2025Motion to extend the time to file a response is granted and the time is further extended to and including February 6, 2026.
- Dec 23 2025Motion to extend the time to file a response from January 7, 2026 to February 6, 2026, submitted to The Clerk.
- Dec 05 2025Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2026.
- Dec 04 2025Motion to extend the time to file a response from December 8, 2025 to January 7, 2026, submitted to The Clerk.
- Nov 06 2025Response Requested. (Due December 8, 2025)
- Oct 30 2025DISTRIBUTED for Conference of 11/14/2025.
- Oct 22 2025Waiver of right of respondent United States to respond filed.
- Oct 06 2025Motion (25M19) Granted.
- Sep 10 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 28 2025Motion for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
- Aug 28 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2025)