United States v. Timothy Paden , 312 F. App'x 830 ( 2009 )


Menu:
  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 07-3871
    ___________
    United States of America,               *
    *
    Appellee,                  *
    * Appeal from the United States
    v.                                * District Court for the
    * Western District of Missouri.
    Timothy Paden,                          *
    * [UNPUBLISHED]
    Appellant.                 *
    ___________
    Submitted: February 5, 2009
    Filed: March 2, 2009
    ___________
    Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.
    ___________
    PER CURIAM.
    Federal inmate Timothy Paden appeals the district court’s1 order committing
    him under 18 U.S.C. § 4245, which provides for the hospitalization 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 that the district court’s section 4245 finding was supported by the unrefuted
    1
    The Honorable Richard E. Dorr, United States District Judge for the Western
    District of Missouri, adopting the report and recommendations of the Honorable
    James C. England, United States Magistrate Judge for the Western District of
    Missouri.
    opinions of the mental health professionals at the United States Medical Center for
    Federal Prisoners in Springfield, Missouri, and defense counsel’s separate examiner,
    and that the finding was not clearly erroneous, notwithstanding Paden’s statement at
    his hearing that he was fine. 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); United States v. Eckerson, 
    299 F.3d 913
    , 914-15
    (8th Cir. 2002) (per curiam) (upholding commitment order based on opinion of prison
    hospital staff, despite inmate’s denial of mental illness).
    Accordingly, we affirm the judgment of the district court and grant counsel’s
    motion to withdraw on condition that counsel inform appellant about the procedures
    for filing petitions for rehearing and for certiorari. We also deny appellant’s motion
    for appointment of new counsel.
    ______________________________
    -2-
    

Document Info

Docket Number: 07-3871

Citation Numbers: 312 F. App'x 830

Filed Date: 3/2/2009

Precedential Status: Non-Precedential

Modified Date: 1/12/2023