US v. Dustin Hill

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:09-hc-02069-BR Copies to all parties and the district court/agency. [998459691] [10-6213]

US v. Dustin Hill

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Case: 10-6213 Document: 22

Date Filed: 11/04/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6213 UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. DUSTIN ALAN HILL, Defendant ­ Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:09-hc-02069-BR) Submitted: September 20, 2010 Decided: November 4, 2010

Before KING, GREGORY, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Jane E. Pearce, Assistant Federal Public Defender, Susan Umstead, Research and Writing Attorney, Raleigh, North Carolina, for Appellant. George E. B. Holding, United States Attorney, Jennifer P. MayParker, 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 Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM: Dustin Hill 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.

We affirm.

At a hearing, Dr. Jill Grant, a clinical psychologist at FMC-Butner, testified that Hill suffers from disorganized

type of schizophrenia.

Evaluators also gave Hill a "rule-out"

diagnosis of schizo-affective disorder, bipolar type, "based on his symptoms the of mania, hypomania, Dr. Holly and depressive an episodes

throughout evaluator,

years." that

Rogers,

independent disorganized

concurred

Hill

suffers

from

schizophrenia. only partially

She testified that Hill's psychiatric illness is controlled with medication and that his poor

judgment and poor impulse control increase the likelihood of future dangerousness. Dr. Rogers agreed with Dr. Grant that

Hill satisfies the criteria for continued commitment set forth in § 4246. Based on this testimony and other evidence of

record, including a forensic update, the district court found by clear and convincing evidence that Hill meets the criteria for commitment. The court ordered that Hill's commitment continue. reviewing the record, we conclude that the

After

district court did not clearly err in its determination that Hill presently suffers "from a mental disease or defect as a 2

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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

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