U.S. Court of Appeals for the Fifth Circuit, 2011

United States v. Lester Ruston

United States v. Lester Ruston
U.S. Court of Appeals for the Fifth Circuit · Decided October 26, 2011 · Per Curiam
447 F. App'x 557

United States v. Lester Ruston

Opinion

PER CURIAM: *

Lester Jon Ruston, federal civil detainee # 26834-177, was indicted in 2004 for *558 threatening to assault and murder a United States Magistrate Judge and found not guilty by reason of insanity. Ruston appeals the district court’s order on remand finding him incompetent under 18 U.S.C. § 4241 and ordering him to remain civilly committed to the custody of the Attorney General.

The district court did not clearly err in determining that Ruston was not competent under § 4241 based on a forensic psychological evaluation performed by Shawn E. Channell, Ph.D. and the parties’ joint stipulation. Accordingly, the Government’s motion to dismiss the appeal is GRANTED, the appeal is DISMISSED, and all other motions are DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent

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