United States v. Lenard Zickefoose, No. 14-1762 (8th Cir. 2015)

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Court Description: Criminal case - Criminal law. Evidence supported the court's decision to revoke defendant's supervised release where defendant failed to comply with a prescribed course of psychiatric care, thereby creating a substantial risk of harm to others and their property.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1762 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Lenard Zickefoose lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: March 2, 2015 Filed: March 9, 2015 [Unpublished] ____________ Before SMITH, GRUENDER, and BENTON, Circuit Judges. ____________ PER CURIAM. Lenard Zickefoose, civilly committed pursuant to 18 U.S.C. § 4246 since 2004, appeals the district court’s1 order revoking his most recent grant of conditional ¹The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri, adopting the report and recommendations of the release. Because the evidence developed during the revocation proceedings supports the district court’s findings that Zickefoose failed to comply with his prescribed regimen of psychiatric care, and that his continued release would therefore create a substantial risk of bodily injury to another person, or serious damage to the property of another, see 18 U.S.C. § 4246(f), we affirm, see 8th Cir. R. 47B. We also grant counsel’s motion to withdraw. ______________________________ Honorable David P. Rush, United States Magistrate Judge for the Western District of Missouri. -2-

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