Fort Worth, Texas, where she remained until she was transferred to the site of her execution. For a long time, she was the only woman with a federal death sentence at Federal Medical Center, Carswell (FMC Carswell). During her appeals, Montgomery's lawyers argued that she technically did not commit the crime of kidnapping resulting in death, claiming that Victoria Jo Stinnett was not considered a person until she was removed from her mother's womb. Accordingly, since Bobbi had died beforehand, the crime was instead a "death resulting in kidnapping." That claim was dismissed, with the courts saying the felony murder rule nullified this and that Montgomery needed to kill Bobbi regardless in order to complete the kidnapping. Experts who examined Montgomery after conviction concluded that by the time of her crime she had long been living with psychosis, bipolar disorder, and post-traumatic stress disorders. She was said to be often disassociated from reality and to have permanent brain damage from numerous beatings at the hands of her parents and spouses. The case of Atkins v. Virginia ruled that executing individuals with intellectual disability violates the Eighth Amendment to the United States Constitution regarding cruel and unusual punishments. Given this ruling, it could be expected that Montgomery was ineligible for a death sentence. Very strong and undisputed evidence can lead to a withdrawal of the death sentence or a further enquiry into it. Montgomery was scheduled for execution on December 8, 2020, by lethal injection at the U.S. Penitentiary in Terre Haute, Indiana, but this was delayed following her attorneys contracting COVID-19. On December 23, 2020, Montgomery was given a new execution date of January 12, 2021. U.S. District Court Judge Randolph Moss found that "the director's order setting a new execution date while the Court's stay was in effect was 'not in accordance with law'", prohibiting the re-scheduling of the execution before January 1, 2022. On January 1, a three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit vacated Moss's ruling, effectively reinstating her execution date of January 12. On that date, federal judge Patrick Hanlon granted a stay of her execution on the grounds that her mental competence must first be tested as it could be argued she did not understand the grounds for her execution, per the Eighth Amendment to the U.S. Constitution. The stay was then vacated by the Supreme Court via