United States v. Anderson

U.S. Court of Appeals for the Fourth Circuit

United States v. Anderson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6290

UNITED STATES OF AMERICA,

Petitioner - Appellee,

v.

JEFFREY ANDERSON,

Respondent - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:07-hc-02189-BR)

Submitted: January 12, 2011 Decided: January 27, 2011

Before GREGORY and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, Jane E. Pearce, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. George E. B. Holding, United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, David T. Huband, Special Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jeffrey Anderson appeals the district court’s order

finding that he continues to satisfy the criteria for commitment

set forth at

18 U.S.C. § 4246

(a) (2006) and continuing his

commitment to the custody of the Attorney General. After

reviewing the record, we conclude that the district court did

not clearly err in its determination that Anderson continues to

suffer “from a mental disease or defect as a result of which his

release would create a substantial risk of bodily injury to

another person or serious damage to property of another.” See

18 U.S.C. § 4246

(a); United States v. Cox,

964 F.2d 1431, 1433

(4th Cir. 1992) (stating standard of review). We accordingly

affirm. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials

before the court and argument would not significantly aid the

decisional process.

AFFIRMED

2

Reference

Status
Unpublished