United States v. Minor Moody , 32 F. App'x 179 ( 2002 )


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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    Minor Moody,                             *      [UNPUBLISHED]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Precedential Status: Non-Precedential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