United States v. Rashie Key


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED); [4312475-2] Granting motion to withdraw as counsel filed by Ms. Michelle Nahon Moulder. [4360188] [15-2673]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2673 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Rashie Keys lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: January 21, 2016 Filed: January 27, 2016 [Unpublished] ____________ Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges. ____________ PER CURIAM. As a result of symptoms and behaviors Rashie Keys exhibited before he was due to be released from federal prison, the United States filed a petition under 18 U.S.C. § 4246, which provides for a person’s commitment to the custody of the Attorney General for hospitalization and treatment in a suitable facility, if state placement is unavailable and the person is found, by clear and convincing evidence, Appellate Case: 15-2673 Page: 1 Date Filed: 01/27/2016 Entry ID: 4360188 to be suffering 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 the property of another. See 18 U.S.C. § 4246(d). After a hearing, the district court1 found that commitment was appropriate, and Keys appeals. Having reviewed the record, we find no clear error. See United States v. Williams, 299 F.3d 673, 676 (8th Cir. 2002) (factual determinations underlying § 4246 decision are clearly erroneous when reviewing court is left with definite and firm conviction that mistake was made). The mental health professionals who evaluated Keys diagnosed schizophrenia and antisocial personality disorder, and opined that, because records revealed a link between Keys’s violent behavior and mental illness, his release would create a substantial risk of bodily injury to another person or serious property damage. Keys refused to be evaluated by an independent psychologist, who could not render an opinion. Given Keys’s diagnosis and evidence demonstrating his lack of insight concerning his mental condition and a history of noncompliance with treatment and related deterioration of symptoms and behaviors, we reject Keys’s challenge to the sufficiency of the evidence. See id. at 676-77; United States v. Ecker, 30 F.3d 966, 970 (8th Cir. 1994). We also reject his pro se arguments on appeal related to the timing of the hearing, the district court’s jurisdiction, the conditions at the treatment facility, his counsel’s performance, and his completion of his sentence. The judgment is affirmed. Counsel’s motion to withdraw is granted. ______________________________ 1 The Honorable M. Douglas Harpool, United States District Judge 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: 15-2673 Page: 2 Date Filed: 01/27/2016 Entry ID: 4360188

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