United States v. John Stone, No. 13-1286 (8th Cir. 2013)
Annotate this CaseCourt Description: Criminal case - Criminal law. The district court did not clearly err in determining that Stone was potentially dangerous within the meaning of 18 U.S.C. Sec. 4246 and that he was in need of continued commitment and treatment
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1286 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. John Stone lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: September 3, 2013 Filed: September 6, 2013 [Unpublished] ____________ Before SMITH, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. John Stone, who was found incompetent to stand trial on a felon-in-possession charge, was committed to the custody of the Attorney General for a period of hospitalization at the United States Medical Center for Federal Prisoners in Springfield, Missouri, for further evaluation and a determination whether Stone s release would be dangerous. Stone now appeals from the order of the District Court1 committing him under 18 U.S.C. § 4246, which provides for a person s indefinite commitment to the custody of the Attorney General for hospitalization and treatment in a suitable facility, unless state placement is available, if the person is found by clear and convincing evidence after a hearing to be 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 the property of another. We review a § 4246 finding of potential dangerousness for clear error. See United States v. Steil, 916 F.2d 485, 488 (8th Cir. 1990). Here, mental health professionals determined that Stone, who was diagnosed with a bipolar-type schizoaffective disorder, scored in the moderate-to-high range on assessments designed to measure his risk for future violence; that he had a history of alcohol and drug problems, removal from his biological parents prior to age sixteen, psychiatric hospitalizations prior to age eighteen, childhood fire-setting, and juvenile and adult criminal behavior; and that he had active paranoid delusions. Because Stone additionally was inconsistent in taking his medication and did not believe he was mentally ill, the mental health experts unanimously opined that he was potentially dangerous within the meaning of § 4246 as a result of his mental illness if unconditionally released to the community. We conclude that the District Court s order, premised in part on this evidence, was not clearly erroneous. See United States v. Williams, 299 F.3d 673, 676 (8th Cir. 2002). ¹The late Honorable Richard E. Dorr, 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. -2- Accordingly, we affirm. We also grant counsel s motion to withdraw, subject to counsel informing Stone about procedures for seeking rehearing or filing a pro se petition for certiorari. ______________________________ -3-
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