UNITED STATES v. HUTCHISON (2020)

Christopher Hutchison appeals the district court's order committing him to the custody and care of the Attorney General under 18 U.S.C. § 4246 (2018). Commitment to the custody of the Attorney General is required “[i]f, after [a] hearing, the court finds by clear and convincing evidence that the person is presently 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 property of another.” 18 U.S.C. § 4246(d) (2018). The district court's finding of dangerousness under 18 U.S.C. § 4246 is a factual determination the appellate court will not overturn unless it is clearly erroneous. United States v. LeClair, 338 F.3d 882, 885 (8th Cir. 2003); United States v. Cox, 964 F.2d 1431, 1433 (4th Cir. 1992). After reviewing the materials submitted in the joint appendix and the parties’ briefs, we conclude that the district court did not clearly err in its finding of dangerousness. Accordingly, we affirm the district court's judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.