United States v. Bryon Welton, No. 16-4513 (8th Cir. 2017)

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Court Description: Per Curiam - Before Colloton, Murphy and Kelly, Circuit Judges] Civil case - Civil Commitment. During the pendency of this appeal from an order of commitment under 18 U.S.C. Sec. 4245, the district court received a report that Welton had recovered and was ready for discharge; this moots the appeal and the case is dismissed. [ July 26, 2017

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-4513 ___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. Bryon Welton, lllllllllllllllllllll Defendant - Appellant. ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: July 21, 2017 Filed: July 27, 2017 [Unpublished] ____________ Before COLLOTON, MURPHY, and KELLY, Circuit Judges. ____________ PER CURIAM. Federal prisoner Byron Welton appeals the district court’s1 order committing him under 18 U.S.C. § 4245 for hospitalization and mental health treatment. During the pendency of this appeal, however, the district court granted the government’s motion to dismiss the commitment petition and to transfer Welton, citing a report that Welton had recovered and was ready for discharge. Accordingly, we dismiss the appeal as moot. Counsel’s motion to withdraw is granted. ______________________________ 1 The Honorable Douglas Harpool, United States District Judge for the Western District of Arkansas, adopting the report and recommendation of the Honorable David P. Rush, United States Magistrate Judge for the Western District of Missouri. -2-

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