United States v. Antoine Smith

Filing

PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Lavenski R. Smith and Bobby E. Shepherd (UNPUBLISHED); Granting [4077949-2] motion to withdraw as counsel filed by Ms. Michelle Nahon Moulder subject to counsel informing appellant about procedures for seeking rehearing or filing a petition for certiorari. [4112640] [13-2921]

United States Court of Appeals
For the Eighth Circuit
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No. 13-2921
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Antoine Smith
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: January 7, 2014
Filed: January 10, 2014
[Unpublished]
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Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Antoine Smith--who is serving a 180-month prison sentence imposed on a
conspiracy conviction entered in a North Carolina federal court in 2004--appeals the

Appellate Case: 13-2921

Page: 1

Date Filed: 01/10/2014 Entry ID: 4112640

district court’s1 order committing him after a hearing under 18 U.S.C. § 4245, which
provides for the hospitalization and treatment of an imprisoned person suffering from
a mental disease or defect, until he no longer needs treatment or his prison sentence
expires, whichever occurs first. Following careful review, we conclude the district
court’s finding that Smith was in need of commitment for mental-health treatment is
supported by a preponderance of the evidence, and is not clearly erroneous. See 18
U.S.C. § 4245(d) (determination of mental illness and treatment need, and burden of
proof); United States v. Bean, 373 F.3d 877, 879 (8th Cir. 2004) (standard of review).
Accordingly, we affirm the judgment of the district court, see 8th Cir. R. 47B,
and we grant counsel’s motion to withdraw, subject to counsel informing appellant
about procedures for seeking rehearing or filing a petition for certiorari.
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1

The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District
Court 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-

Appellate Case: 13-2921

Page: 2

Date Filed: 01/10/2014 Entry ID: 4112640