UNITED STATES OF AMERICA v. RONALD BERGRIN - Articles

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Posted by: Landry Butler on Mar 16, 2018

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ARGUED: Gary W. Crim, Dayton, Ohio, for Appellant. Brian M. McDonough, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.

Attorneys 2:

ON BRIEF: Gary W. Crim, Dayton, Ohio, for Appellant. Brian M. McDonough, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.

Judge(s): MERRITT, CLAY, and SUTTON, Circuit Judges.

Court Appealed: Appeal from the United States District Court for the Northern District of Ohio at Cleveland.

SUTTON, Circuit Judge. The government charged Ronald Bergrin with threatening a federal officer. The district court dismissed the charges against Bergrin after finding him incompetent to stand trial. Bergrin appealed, prompting this case-or-controversy question: Does a criminal defendant have standing to appeal the dismissal of charges against him? There is reason to wonder. An appellate victory would not help him in one sense, as it would allow the criminal case against him to proceed. And an appellate loss would not help him in another sense, as it would add sting to the incompetence finding. Even so, the defendant may appeal. Although Bergrin prevailed in one way (the court dismissed the charges), he did not prevail in another way (the court found him incompetent to stand trial), and that last reality suffices to permit the appeal. We have jurisdiction and affirm.