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United States v. Mikulich

United States Court of Appeals, Sixth Circuit

October 22, 2013

UNITED STATES of America, Plaintiff-Appellee,
v.
Gary John MIKULICH, Defendant-Appellant.

Argued: May 1, 2013.

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[Copyrighted Material Omitted]

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ARGUED:

Clare E. Freeman, Federal Public Defender's Office, Marquette, Michigan, for Appellant.

Maarten Vermaat, United States Attorney's Office, Marquette, Michigan, for Appellee.

ON BRIEF:

Clare E. Freeman, Paul A. Peterson, Federal Public Defender's Office, Marquette, Michigan, for Appellant.

Maarten Vermaat, United States Attorney's Office, Marquette, Michigan, for Appellee.

Before: BATCHELDER, Chief Judge; GUY and BOGGS, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

The Federal Bureau of Investigation arrested Gary John Mikulich in March 2011 on suspicion that he planted an explosive device outside the McNamara Federal Building in Detroit, Michigan, in February of the same year. During his initial appearance, Mikulich exhibited erratic behavior, raising questions as to his competency to stand trial. After he was adjudged incompetent and remanded for treatment, the Government requested that he be forcibly medicated with antipsychotic drugs. Mikulich opposed this motion, arguing that the Government lacked a sufficiently important interest in trying him due to the special circumstances of this case. Though he acknowledged the grave nature of the charges against him, he claimed that he faces civil confinement in the absence of criminal sanction and that he intends to raise an insanity defense at trial. The magistrate judge rejected these arguments on the ground

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that they were too speculative to override the Government's interest in trying this matter. The district court agreed and adopted the magistrate judge's findings. We affirm this decision.

I

In February 2011, a security officer found a canvas tool bag on the street outside the McNamara Federal Building. Believing the item to be lost property, the officer stored the bag in the building for three weeks without inspecting it. Eventually, someone performed an x-ray scan of the bag and discovered wires, electronic components, and other objects consistent with an explosive device. The Detroit Police Bomb Squad took possession of the bag and detonated it. The procedure resulted in a sizable secondary explosion, leading the FBI to conclude that the item was in fact a bomb.

The tool bag containing the bomb was sold exclusively at a chain hardware store. The store also sold the particular type of timer used in the device. The FBI discovered a transaction in February 2011, several days before the bag was found, in which a customer purchased both of these items. Subsequent investigation led to the identification of Mikulich as the man who made the purchase and placed the bag outside the building. Federal officials arrested him in March 2011 and charged him with one count each of attempting to destroy a government building by means of explosive while creating a substantial risk of injury to a person, in violation of 18 U.S.C. ยง 844(f)(1)-(2), using and carrying a destructive device during ...


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