United States v. Steven Evans, No. 13-2417 (8th Cir. 2013)
Annotate this CaseCourt Description: Criminal Case - commitment. District court's findings in support of commitment order under 18 U.S.C. sec. 4246 are not clearly erroneous and district court's order is affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2417 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Steven M. Evans lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: December 2, 2013 Filed: December 9, 2013 [Unpublished] ____________ Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Steven Evans, who was found incompetent to proceed on a criminal charge involving kidnapping his children, appeals the district court s1 order committing him ¹The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District Court for the Western District of Missouri, adopting the report and recommendations to the custody of the Attorney General under 18 U.S.C. § 4246, which provides for the hospitalization of a person due for release but found by clear and convincing evidence after a hearing to be suffering from a mental disease or defect such that his release would be dangerous. Having carefully reviewed the record and Evans s counseled and pro se arguments, we conclude that the district court s findings in support of the commitment order are not clearly erroneous. See United States v. Williams, 299 F.3d 673, 676-78 (8th Cir. 2002). Accordingly, we affirm. See 8th Cir. R. 47B. We also grant counsel s motion to withdraw. ______________________________ of the Honorable David P. Rush, United States Magistrate Judge for the Western District of Missouri. -2-
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