UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6148
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILLIAM SCOTT DAVIS, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (5:14-cr-00240-BR-1)
Submitted: November 18, 2016 Decided: January 5, 2017
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
John Keating Wiles, CHESHIRE PARKER SCHNEIDER & BRYAN, PLLC,
Raleigh, North Carolina, for Appellant. John Stuart Bruce,
Acting United States Attorney, Jennifer P. May-Parker, Barbara
D. Kocher, Assistant United States Attorneys, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Scott Davis, Jr., appeals the district court’s
order finding him mentally incompetent to stand trial and
committing him to the custody of the Attorney General pursuant
to 18 U.S.C. § 4241(d)(1) (2012). Davis argues that the
district court erred by denying him an opportunity to testify at
his competency hearing. Having reviewed the record, we agree
that, despite Davis’ request, the district court did not allow
him to testify at the hearing, a right specifically guaranteed
to him by statute. See 18 U.S.C. §§ 4241(c), 4247(d) (2012).
Accordingly, we vacate the challenged order and remand the
case to the district court with instructions to conduct a new
initial competency determination pursuant to 18 U.S.C.
§ 4241(c). We deny the Government’s motion to dismiss, as well
as all of Davis’ motions, including his motions for stay, to
appoint and to replace counsel, for transcripts, for sanctions,
and for such other relief as he has requested. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before this court and
argument would not aid the decisional process.
VACATED AND REMANDED
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