United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1425 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Dewayne Gray

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Springfield ____________

Submitted: August 20, 2021 Filed: September 3, 2021 [Unpublished] ____________

Before SHEPHERD, GRASZ, and KOBES, Circuit Judges. ____________

PER CURIAM.

Dewayne Gray appeals an order committing him under 18 U.S.C. § 4245 to the custody of the Attorney General for hospital care and treatment until he no longer needs treatment or his prison sentence expires, whichever occurs first. Upon careful review of the record, including the reports of two examining psychologists who opined that Gray met the criteria for commitment, we conclude the district court’s1 § 4245 finding was supported by a preponderance of the evidence, and was not clearly erroneous. See 18 U.S.C. § 4245(d) (burden of proof and determination of mental illness and treatment need); United States v. Bean, 373 F.3d 877, 879 (8th Cir. 2004) (standard of review). The judgment of the district court is affirmed. ______________________________

1 The Honorable Douglas Harpool, United States District Judge for the Western District of Missouri, adopting the report and recommendation of the Honorable David P. Rush, United States Magistrate Judge for the Western District of Missouri.

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