If a defendant is found incompetent and convicted of a crime, can a federal court order a mental health commitment?

"The constitutional right to due process is violated when a person who is incompetent is convicted of a crime, whether the conviction follows a trial or a plea of guilty." Harris v. Kuhlmann, 346 F.3d 330, 349 (2d Cir. 2003). Accordingly, if, after a hearing, the district court:

18 U.S.C. 4241(d); see also United States v. Magassouba, 544 F.3d 387, 404 (2d Cir. 2008) ("[O]nce a defendant is found incompetent, commitment pursuant to 4241(d) is mandatory."). A district court's order of commitment pursuant to 18 U.S.C. 4241(d)(1) is immediately appealable as a collateral order. See United States v. Gold, 790 F.2d 235, 238-39 (2d Cir. 1986).

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