United States v. Ricardo Diaz

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Kermit E. Bye and Jane Kelly (UNPUBLISHED); [4332569-2] Granting motion to withdraw as counsel filed by Mr. Ian A. Lewis. [4399115] [15-3094]

United States Court of Appeals
For the Eighth Circuit
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No. 15-3094
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Ricardo Diaz
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: May 6, 2016
Filed: May 16, 2016
[Unpublished]
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Before LOKEN, BYE, and KELLY, Circuit Judges.
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PER CURIAM.
Ricardo Diaz, who was found incompetent to stand trial under 18 U.S.C.
§ 4241(d) on criminal charges involving assault on a federal officer and attempt to

Appellate Case: 15-3094

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Date Filed: 05/16/2016 Entry ID: 4399115

set fire to government property, appeals the district court’s1 order committing him
under 18 U.S.C. § 4246, which provides for the hospitalization of a person found
after a hearing to be suffering from a mental disease or defect such that his release
would create a substantial risk of bodily injury to another person or serious damage
to the property of another. See United States v. Williams, 299 F.3d 673, 676 (8th Cir.
2002). For reversal, Diaz argues that there is insufficient evidence to support the
district court’s commitment order. Having reviewed for clear error the factual
determinations underlying the district court’s commitment decision, see id., we
affirm.
Like the district court, we note that there is unanimous agreement among the
mental health experts who assessed Diaz at the United States Medical Center for
Federal Prisoners in Springfield, Missouri--where he is presently confined for
treatment--that his release would be dangerous, in part because his symptoms persist
even while he is taking psychiatric medication, and his aggressive behaviors have
been linked to his delusional beliefs about suffering abuse at the hands of various
governmental officials. The opinion of the mental health experts--combined with
Diaz’s history of violent behavior, substance abuse from a young age, limited insight
into his mental condition, and history of failing to comply with prescribed
medication--support the district court’s commitment order. See Williams, 299 F.3d
at 678; United States v. Ecker, 30 F.3d 966, 970 (8th Cir.1994) (suggested factors in
determining potential dangerousness).
The judgment is affirmed, and 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: 15-3094

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Date Filed: 05/16/2016 Entry ID: 4399115