United States v. Rodman

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6455
UNITED STATES OF AMERICA,
Petitioner - Appellee,
v.
BRETT A. RODMAN,
Respondent - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (5:07-hc-2157-BR)
Submitted: February 6, 2009 Decided: February 17, 2009
Before KING, SHEDD, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, Jane E. Pearce,
Assistant Federal Public Defender, Diana Pereira, Research and
Writing Specialist, Raleigh, North Carolina, for Appellant.
George E. B. Holding, United States Attorney, Ann M. Hayes,
Assistant United States Attorney, David T. Huband, Special
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brett A. Rodman appeals the district court’s order
committing him to the custody of the Attorney General under 18
U.S.C. § 4246 (2006). The district court found by clear and
convincing evidence that Rodman “is presently suffering 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.” 18 U.S.C. § 4246(d)
(2000).
We review the district court’s determination for clear
error. United States v. Cox, 964 F.2d 1431, 1433 (4th Cir.
1992). We have reviewed the record, the district court’s
conclusion, and the briefs of the parties, and find that the
district court’s determination is supported by the record and is
not clearly erroneous. Accordingly, we affirm the order of the
district court. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
AFFIRMED
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