United States v. Eben Payne , 623 F. App'x 829 ( 2015 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 15-1624
    ___________________________
    United States of America
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    Eben Payne
    lllllllllllllllllllll Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Western District of Missouri - Springfield
    ____________
    Submitted: November 27, 2015
    Filed: December 4, 2015
    [Unpublished]
    ____________
    Before SMITH, BYE, and SHEPHERD, Circuit Judges.
    ____________
    PER CURIAM.
    Eben Payne, against whom criminal charges were dismissed after he was
    repeatedly found incompetent to stand trial, appeals the district court’s1 order
    1
    The Honorable M. Douglas Harpool, United States District Judge for the
    Western District of Missouri, adopting the report and recommendations of the
    committing him under 18 U.S.C. § 4246, which permits indefinite hospitalization of
    a person found incompetent to proceed on criminal charges only if, after a hearing, the
    court finds by clear and convincing evidence that the person suffers from a mental
    disease or defect as a result of which his release would create a substantial risk of
    bodily injury to another person or serious damage to property of another. See United
    States v. Williams, 
    299 F.3d 673
    , 676 (8th Cir. 2002). Having reviewed the factual
    determinations underlying the district court’s commitment decision for clear error, see
    
    id., we affirm
    for the reasons that follow.
    While it is uncontested that Payne suffers from a mental disease or defect within
    the meaning of the statute, he argues on appeal that there was insufficient evidence of
    a nexus between his mental condition, in partial remission on antipsychotic
    medication, and a substantial risk of dangerousness if he should be released. In part,
    the district court relied on the report of a Risk Assessment Panel comprised of mental
    health professionals at the United States Medical Center for Federal Prisoners in
    Springfield, Missouri, where Payne is confined for treatment. Those professionals
    opined that Payne’s release would be dangerous because his understanding of his
    mental illness and its ramifications lacked depth, he did not appear to recognize the
    degree to which his illness impairs his ability to function when he is not treated, and
    he minimized the harm that he had committed in the past when in the midst of a
    psychotic episode. Their opinion--combined with Payne’s history of disruptive
    behavior and drug and alcohol use from a young age, his criminal charges suggesting
    involvement in murder and weapons, his pre-treatment paranoia, auditory
    hallucinations, aggressiveness, and self-described assault, and his limited insight into
    his mental condition and history of stating he would not take medication if given a
    choice--support the district court’s commitment order. See United States v. Ecker, 
    30 F.3d 966
    , 970 (8th Cir. 1994) (suggested factors in determining potential
    Honorable David P. Rush, United States Magistrate Judge for the Western District of
    Missouri.
    -2-
    dangerousness; overt acts of violence are not required); cf. 
    Williams, 299 F.3d at 678
    (testimony of government’s experts, consistent with Risk Assessment Panel report,
    sufficed to establish “causal nexus” between mental defect and dangerousness). We
    remind the government, however, that its “role here is not that of punitive custodian
    of a fully competent inmate, but benign custodian of one legally committed to it for
    medical care and treatment,” and that its statutory duties include a continued effort to
    place Payne in a suitable state facility, and to prepare annual reports concerning his
    mental condition and the need for his continued hospitalization. See 
    Williams, 299 F.3d at 678
    (internal quotations and citations omitted); United States v. Steil, 
    916 F.2d 485
    , 488 (8th Cir. 1990).
    ______________________________
    -3-
    

Document Info

Docket Number: 15-1624

Citation Numbers: 623 F. App'x 829

Judges: Smith, Bye, Shepherd

Filed Date: 12/4/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024