UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, Case No. 1:15-cr-20097 

v. Honorable Thomas L. Ludington 

AMEER JAN KIANI, 

 

 Defendant. 

_______________________________________/ 

ORDER DENYING MOTION FOR RELEASE FROM GOVERNMENT CUSTODY AS 

PREMATURE 

Defendant Ameer Jan Kiani was charged with the felony offense of Threats Against Former 

Presidents, 18 U.S.C. § 879. He was found to be Not Guilty Only by Reason of Insanity of the 

offense on May 5, 2015. ECF No. 19. Kiani was then committed to the custody of the Attorney 

General until Kiani could establish that his release would not create a substantial risk of serious 

bodily injury to another or serious damage to property of another. ECF No. 20. Kiani was 

hospitalized at the Federal Medical Center – Devens in Massachusetts. 

 On March 21, 2017, the Court received the Federal Medical Center’s Risk Assessment 

Panel Report for 2017. That Report concluded that Kiani had recovered sufficiently to be released, 

but only pursuant to a conditional release plan. The Report did not provide a conditional release 

plan or indicate whether one would be forthcoming from the Panel. On April 18, 2017, the Court 

corresponded with the Panel. In the letter, the Court explained that 18 U. S. C. § 4243 requires the 

director of the facility where a person has been hospitalized to certify that the committed person 

no longer poses a substantial risk of bodily injury or serious damage to property and also certify 

that a prescribed regimen is appropriate, if conditional release pursuant to such a regimen is 
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necessary. The Court requested the Panel to confirm that a conditional release plan was being 

prepared. 

In May 2017, the Court received an email from defense counsel which indicated that the 

details of a conditional release plan were being finalized. Because no further information was 

received, the Court ordered the parties to submit a status report by July 17, 2017. ECF No. 44. The 

Government’s status report indicated that a conditional release plan had not been finalized but was 

the subject of considerable effort and would be forthcoming. On July 18, 2017, Kiani filed a third 

motion for release. ECF No. 45. In the motion, Kiani, by counsel, indicated that the hospital 

employee (not identified) “in charge of Defendant’s care plan finally . . . indicated he was not 

satisfied with the family’s plan.” Id. at 1. Defense counsel then contended that the Government 

proposed a “groups home scenario” for the conditional release plan, but Kiani indicated that his 

family was financially unable to pay for a spot in a group home. Kiani also questioned the necessity 

of certain aspects of the conditional group plan. 

On July 26, 2017, the Court issued an order scheduling a hearing on Kiani’s motions for 

release and directing representatives from the hospital to appear in Bay City, Michigan. ECF No. 

46. On September 18, 2017, that hearing was held. Dr. Channell, the Chair of the Risk Assessment 

Panel which authored the report received on March 21, 2017, and Jennifer Lee Ramos, a social 

worker responsible for identifying a placement for Kiani, were present. During the hearing, the 

Court was provided with new information, including Dr. Channell’s belief that Kiani could only 

safely be released to an in-patient psychiatric facility with the resources to provide significant 

oversight for Kiani. Ms. Ramos then detailed her extensive efforts to find a placement for Kiani 

which met that criteria, indicating that limited options exist. Specifically, Ms. Ramos explained 

that most eligible facilities have limited space and that many facilities are unwilling to consider 
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Kiani given his psychological circumstances and criminal record. But Ms. Ramos did identify one 

facility in northern Michigan (North County Community Mental Health) that was willing to 

consider admitting Kiani, subject to an interview. Arrangements were made for Kiani to be 

interviewed by a representative of that facility while he was still in Michigan. After the Court 

scheduled a telephonic status conference for October 23, 2017, the hearing was adjourned. 

On October 23, 2017, that telephonic status conference was held. The Court was informed 

that North County Community Mental Health had interviewed Kiani and determined that it was 

not equipped to provide the level of care he requires. Specifically, the report found that Kiani 

required “Medically Managed Residential Services which is the most intense level of care on 

continuum.” Oct. 13, 2017, Interview Rep at 1. The report further stated that “[t]raditionally this 

level of care is provided in hospital settings, but could, in some cases, be provided in free-standing 

non-hospital setting.” Id. A follow-up status conference was scheduled for November 7, 2017, to 

give all parties an opportunity to review the report. 

On October 30, 2017, Kiani filed a fourth motion for release. ECF No. 51. In that motion, 

Kiani challenges the Government’s contention that he has a history of violence. Kiani also strongly 

opposes the Government’s suggestion that Kiani might need to be released to a facility outside of 

Michigan (or at least not in the northern part of Michigan, where Kiani’s family resides). Kiani 

asserts that, contrary to the Government’s contention, his family could provide a strong support 

system which would be adequate to enable his recovery. Kiani requests an evidentiary hearing so 

that Kiani’s mother could explain why he should be released directly to his family. 

On November 7, 2017, a telephonic status conference was held where Kiani’s attorney 

reasserted his belief that Kiani was not dangerous and could safely be released to live with his 

mother. Approximately one week later, the Court issued an order denying Kiani’s four pending 
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motions for release as premature. ECF No. 53. In that order, the Court both summarized the 

applicable standards which apply to Kiani’s hospitalization and eventual release and, further, 

explained that the “statute does not contemplate a sua sponte discharge in the absence of a medical 

recommendation that it is safe to do so.” Id. at 5. 

 Now, Kiani has filed yet another motion for release. ECF No. 54. He has also filed an 

addendum to that motion. ECF No. 55. In the motion, Kiani identifies no material facts which have 

changed since the Court’s last opinion. That motion, like Kiani’s prior motions, is premature and 

will be denied. In the addendum, Kiani alleges that the Government hospital has conducted its 

yearly review of Kiani’s progress and requests a copy of the report. Last year, the annual report 

was issued in mid-March. Therefore, it is unclear why Kiani believes the report has already been 

prepared. Even if it has, the Government has provided that report to the Court (and Kiani) in past 

years. There is no reason to believe that the Government has failed to do so in this instance (in 

fact, the Government appears to have a statutory obligation to file any such report with the Court, 

pursuant to 18 U.S.C. § 4243(f)). No conditional release program has been developed yet, and so 

Kiani’s requests are premature and redundant. 

 Accordingly, it is ORDERED that Defendant Kiani’s motion for release, ECF No. 54, is 

DENIED as premature and for the reasons stated in the Court’s November 13, 2017, opinion 

and order. 

Dated: January 25, 2018 s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on January 25, 2018. 

 s/Kelly Winslow 

 KELLY WINSLOW, Case Manager