Page:United States Statutes at Large Volume 76A.djvu/628

–532– -532§ 4457. Procedure on finding of sanity or insanity (a) If it is found that the defendant is sane, the warden shall proceed to execute the judgment as specified in the warrant. (b) If it is found that the defendant is insane, the warden shall suspend the execution and transmit a copy of the order mentioned in section 4456 of this title to the Governor, and deliver the defendant, together with a certified copy of the order, to the head of the hospital named in the order. (c) When in the opinion of at least one designated examiner, as defined by section 1631 of Title 5, the defendant has become sane, the head of the hospital to which the defendant has been committed shall report the opinion and findings of the designated examiner to the district court. The report shall be made a part of the court record and shall be accessible to the covmsel for the Government and the defendant or his counsel. (d) Within a reasonable time after the filing of a report under subsection (c) of this section, the district court shall hold a hearing, upon due notice, in which evidence as to the mental condition of the defendant may be submitted, and the court shall make a finding with respect thereto. If the defendant appears without counsel, the court shall appoint counsel to represent him at the hearing. (e) If the district court finds that the defendant has recovered his sanity, it shall certify that fact to the Governor, who shall thereupon issue to the Avarden his warrant appointing a day for the execution of the judgment, and the warden shall thereupon return the defendant to the penitentiary pending the execution of the judgment. If the district court finds that the defendant has not recovered his sanity, it shall direct the return of the defendant to the hospital, to be there kept in safe confinement until his sanity is restored. § 4458. Inquiry into supposed pregnancy of defendant If there is good reason to believe that a female against whom a sentence of death is rendered is pregnant, proceedings shall be had as provided by section 4454 of this title, except that the district court shall cause the defendant to be examined by three disinterested physicians, of good standing in their profession. Upon receiving the report of the physicians, the district court shall hold a hearing as provided in section 4455 of this title and make a finding with respect to the pregnancy of the defendant. § 4459. Procedure on finding of pregnancy or otherwise If the district court finds that the female is not pregnant, the warden shall execute the judgment. If it is found that the female is pregnant, the warden shall suspend the execution of the judgment and transmit a certified copy of the finding to the Governor. Vlien the Governor receives from the warden a certificate that the defendant is no longer pregnant, the Governor shall issue to the warden his warrant appointing a day for the execution of the judgment. § 4460. Ordering execution of judgment of death remaining in force unexecuted If, for any reason other than the pendency of an appeal or a suspension of judgment under section 4457 or 4459 of this title, a judgment of death has not been executed and it remains in force, the district court, on the application of the United States attorney, shall order the defendant to be brought before it, or if he is at large, a warrant for apprehension may be issued. Upon the defendant being brought before the court, it shall inquire into the facts, and if no legal reason exists against the execution of the judgment, shall make an order that the warden of the penitentiary to whom the marshal is directed to

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