United States v. Howard Lane, No. 06-3904 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal case - Criminal law. District court's order committing defendant under 18 U.S.C. Sec. 4245 to the custody of the Attorney General for care and treatment affirmed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-3904 ___________ United States of America, Appellee, v. Howard Lane, Appellant. * * * Appeal from the United States * District Court for the * Western District of Missouri * * [UNPUBLISHED] * * ___________ Submitted: September 7, 2007 Filed: September 13, 2007 ___________ Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges. ___________ PER CURIAM. Following a hearing, the district court1 ordered Howard Lane committed under 18 U.S.C. § 4245 to the custody of the Attorney General, for hospital care and treatment in a suitable facility until treatment is no longer needed or his sentence expires, whichever occurs first. Lane appeals. Having carefully reviewed the record, we are satisfied that the district court s findings as to Lane s condition and need for 1 The 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. mental-health treatment are not clearly erroneous. See 18 U.S.C. § 4245(d) (determination of mental illness and treatment need, and burden of proof); United States v. Bean, 373 F.3d 877, 879 (8th Cir. 2004) (standard of review). Accordingly, we affirm, and we grant counsel s motion to withdraw. ______________________________ -2-
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