United States v. Becerra

Background

The United States filed a petition under 18 U.S.C. § 4246 concerning Erik Becerra’s present mental condition. Section 4246 provides a process for deciding whether a person due for release from prison should remain in the Attorney General’s custody for hospitalization because a mental disease or defect creates a substantial risk of bodily injury to another person or serious damage to another person’s property.

During a May 19, 2021 hearing, Becerra asked to waive his appointed counsel and represent himself. The court later held an October 7, 2021 hearing to consider that request.

Legal standard

Under 18 U.S.C. § 4247(d), a person whose mental condition is at issue in proceedings under sections 4241 through 4248 must be represented by counsel. The court interpreted Eighth Circuit precedent to mean that a respondent may waive that statutory right to appointed counsel in a section 4246 proceeding. The court relied on the Eighth Circuit’s decision in a prior related proceeding, which addressed when a person could validly waive counsel.

The court then applied a competency standard based on whether Becerra understood the nature and consequences of the proceeding and could perform the basic tasks necessary to present his own defense without a lawyer.

Analysis

The court found mixed evidence about whether Becerra understood the nature and consequences of the proceeding. At the May hearing, he appeared to treat the hearing as an opportunity to challenge his underlying criminal conviction. At the October hearing, he recognized that he was in a section 4246 proceeding and that it could result in continued loss of liberty. The court therefore found that this factor did not clearly support or oppose allowing self-representation.

The court found, however, that Becerra could not perform the basic tasks needed to present his defense without counsel. It pointed to what it described as severe and consistent delusional thinking at both hearings, including statements about his criminal conviction, claimed government and military positions, Osama Bin Laden, and having invented several products. The court concluded that these thought patterns made it unlikely that Becerra could represent himself or make appropriate use of standby counsel.

Disposition

The court found that Becerra was not competent to waive counsel and proceed without a lawyer. It denied Becerra’s request to waive counsel and proceed pro se, and appointed the Office of the Federal Defender as his counsel for the section 4246 proceedings. The order did not decide whether Becerra ultimately required hospitalization.