United States v. Eric Singleton, No. 15-2152 (8th Cir. 2016)

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Court Description: Per Curiam - Before Loken, Bowman and Colloton, Circuit Judges] Criminal case - Criminal law. The district court's order committing defendant for mental health care or treatment under 18 U.S.C. Sec. 4245 is affirmed.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2152 ___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. Eric Singleton, lllllllllllllllllllll Defendant - Appellant. ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: January 27, 2016 Filed: January 29, 2016 [Unpublished] ____________ Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Federal prisoner Eric Singleton appeals the district court’s1 order, entered after a hearing, committing Singleton for mental health care or treatment under 18 U.S.C. § 4245. Following careful review of the record, which included a treating psychologist’s report containing the opinion that Singleton met the criteria for commitment, we conclude the district court’s finding that Singleton was then in need of hospitalization for care or treatment is supported by a preponderance of the evidence, and is not clearly erroneous. See 18 U.S.C. § 4245(d) ( burden of proof); United States v. Bean, 373 F.3d 877, 879 (8th Cir. 2004) (standard of review). The judgment is affirmed, and counsel’s motion to withdraw is granted. ______________________________ 1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri, adopting the report and recommendations of the Honorable David P. Rush, United States Magistrate Judge for the Western District of Missouri. -2-

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