UNITED STATES v. MCGRATH AKA (2019)

MEMORANDUM ***

Christopher McGrath appeals from the district court's order revoking his conditional release from commitment. This appeal arises from a 2013 trespassing offense at Los Angeles International Airport, to which McGrath pled not guilty by reason of insanity. As the parties are familiar with the facts, we do not recount them here. We remand.

The parties agree that, under 18 U.S.C. § 4243(d), McGrath bore the burden to prove “by a preponderance of the evidence” that “his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect.” The district court erred by applying a heightened burden of proof, requiring that McGrath “guarantee to the Court that he's not a danger.” Accordingly, we remand for the district court to apply the correct preponderance standard in the first instance. See 18 U.S.C. § 4243(d).

In addition, we instruct the Chief Judge of the Central District of California to reassign this case to a different district judge on remand because “reassignment is advisable to preserve the appearance of justice.” United States v. Wells, 879 F.3d 900, 938 (9th Cir. 2018) (citation omitted).

REMANDED with instructions to reassign to a different district court judge.