United States v. Mario Holmes, No. 19-1135 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam. Before Gruender, Benton, and Stras, Circuit Judges] Civil Case - civil commitment. Evidence developed during revocation proceedings supports the district court's determination that revocation of conditional release and recommitment was warranted.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1135 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Mario Holmes lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: October 22, 2019 Filed: October 31, 2019 [Unpublished] ____________ Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________ PER CURIAM. Mario Holmes appeals the district court’s1 order revoking a grant of conditional release. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. Holmes was initially civilly committed under 18 U.S.C. § 4246 in 2016. In February 2018, the district court granted the government’s motion for conditional release under 18 U.S.C. § 4246(e)(2), and imposed eight conditions, including that he not commit a new crime. Holmes was subsequently conditionally released, and in July, the government filed a “Notice of Violation and Request for Warrant,” requesting his arrest and confinement. The Notice included allegations that Holmes had robbed a bank. After careful review of the record, this court concludes the evidence developed during the revocation proceedings supports the district court’s determination that revocation and recommitment were warranted. See 18 U.S.C. § 4246(f); United States v. Franklin, 435 F.3d 885, 889-90 (8th Cir. 2006). The judgment is affirmed. 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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