United States v. Warren Clinton


PER CURIAM OPINION FILED - THE COURT: Duane Benton, Pasco M. Bowman and Jane Kelly (UNPUBLISHED); Granting [4326472-2] motion to withdraw as counsel filed by Ms. Michelle M. Law. [4374316] [15-2740]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2740 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Warren Clinton lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: March 4, 2016 Filed: March 4, 2016 [Unpublished] ____________ Before BENTON, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Appellate Case: 15-2740 Page: 1 Date Filed: 03/04/2016 Entry ID: 4374316 Federal prisoner Warren Daniel Clinton appeals the district court’s1 order committing him for mental health care or treatment under 18 U.S.C. § 4245. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. There is no clear error in the district court’s conclusion that a preponderance of the evidence established that Clinton was in need of hospitalization for care or treatment. See 18 U.S.C. § 4245(d) (burden of proof); United States v. Bean, 373 F.3d 877, 879 (8th Cir. 2004) (standard of review). The judgment is affirmed, and counsel’s motion to withdraw is granted. See 8th Cir. R. 47B. ______________________________ 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: 15-2740 Page: 2 Date Filed: 03/04/2016 Entry ID: 4374316

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