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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 01-3478 ___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Western District of Missouri. * Minor Moody, * [UNPUBLISHED] * Appellant. * ___________ Submitted: March 28, 2002 Filed: April 4, 2002 ___________ Before BOWMAN, LOKEN, and MURPHY, Circuit Judges. ___________ PER CURIAM. Minor Moody appeals from the district court’s1 commitment order following proceedings under 18 U.S.C. § 4246. Having carefully reviewed the record, and having considered the unanimous expert opinion, we reject Moody’s contention that the district court clearly erred in finding he suffered from a mental disease or defect such that his unconditional release would create a substantial risk of danger. See 1 The HONORABLE GARY A. FENNER, United States District Judge for the Western District of Missouri, adopting the report and recommendations of the HONORABLE JAMES C. ENGLAND, United States Magistrate Judge for the Western District of Missouri. United States v. S.A.,
129 F.3d 995, 1000 (8th Cir. 1997) (standard of review), cert. denied,
523 U.S. 1011(1998). Accordingly, we affirm the judgment of the district court committing Moody to the custody of the Attorney General pending the location of a suitable facility to oversee his conditional release. We grant counsel’s motion to withdraw, over Moody’s resistance. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-
Document Info
Docket Number: 01-3478
Citation Numbers: 32 F. App'x 179
Judges: Bowman, Loken, Murphy, Per Curiam
Filed Date: 4/4/2002
Precedential Status: Non-Precedential
Modified Date: 11/5/2024