United States v. Rashie Key

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED); [4312475-2] Granting motion to withdraw as counsel filed by Ms.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

United States Court of Appeals
For the Eighth Circuit
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No. 15-2673
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Rashie Keys
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 21, 2016
Filed: January 27, 2016
[Unpublished]
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Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges.
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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

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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.
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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.
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Appellate Case: 15-2673

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Date Filed: 01/27/2016 Entry ID: 4360188