United States District Court, W.D. Missouri, Southern Division
DOUGLAS HARPOOL UNITED STATES DISTRICT JUDGE.
the Court is the Report and Recommendation of the Magistrate
Judge. (Doc. 41). The Magistrate Judge recommended that
Defendant's conditional release be revoked and that
Defendant remain committed under 18 U.S.C. § 4246.
Defendant has filed exceptions, and the matter is ripe for
was originally committed under § 4246 on April 23, 2013.
(Doc. 17). He was conditionally released on June 13, 2018
(Doc. 28). On July 2, 2019, Plaintiff filed a Notice of
Violation and Request for Warrant. (Doc. 29). One day later,
a sealed arrest warrant was issued. (Doc. 31). On August 21,
2019, Plaintiff moved for revocation of Defendant's
conditional release, alleging that because of his actions and
behaviors he was no longer permitted to reside in the group
home he was released to and consequently was violating his
terms of release. (Doc. 36 at 1-2). Plaintiff stated that
Defendant had violated the conditions of his release and that
his continued release would create a substantial risk of
bodily injury to another person or serious damage to the
property of another. Id. at 2. Plaintiff cited to a
report filed by USPO Tracey Lewis, wherein Lewis reported
that Defendant had not been participating in his treatment
program, had been terminated from the facility he was
released to, and had been using cocaine. (Doc. 29-1).
September 20, 2019, Defendant moved for a separate mental
examination. (Doc. 37). The Magistrate Judge denied that
motion. (Doc. 38). The Magistrate Judge held a hearing on
October 8, 2019. (Doc. 39). At that hearing, Defendant
testified he was not violent or dangerous. (Doc. 40 at 3).
Magistrate Judge in his report found that Defendant violated
the conditions of his release by being terminated from the
program he was released to for failure to abide by curfew,
failure to report to his probation officer, and failure to
attend and engage in mental health treatment. (Doc. 41). The
Magistrate Judge also found Defendant had tested positive for
cocaine and admitted to using cocaine. Id. at
2. Based upon his findings, the Magistrate Judge
found that Defendant had violated the terms of his
conditional release and consequently presented a substantial
risk of bodily injury to another person or serious damage to
property of another. Id. at 3. As a result, the
Magistrate Judge recommended the Court grant Plaintiff's
Motion for Revocation of Conditional Release. Id.
excepts from the Report and Recommendation on two grounds.
(Doc. 43). First, he states the evidence is legally
insufficient to find that Defendant has violated the terms of
his release. Second, he claims he is entitled to a separate
mental examination under 18 U.S.C. § 4247 before his
supervised release can be revoked.
Court has carefully reviewed the record and all of the
evidence in this case. The Court finds by a preponderance of
the evidence that Defendant violated the terms of his
release. As to Defendant's second argument, the Court
notes it has already addressed its legal substance in USA
v. Siegrist (18-cv-03385, Doc. 27), USA v.
Stone (18-cv-03305, Doc. 92), and USA v. Armel
(11-cv-03141, Doc. 59). Suffice to say, the Court has found
by clear and convincing evidence that Defendant suffers from
a mental disease or defect and that, if he were to be
released, the disease would create a substantial risk of
bodily injury to another person or serious harm to another.
The Court previously ruled that Defendant could be safely
released to the community if, and only if, certain conditions
were present. Those conditions are no longer present due to
Defendant's actions. There has never been a determination
Defendant could be safely released in the absence of the
Court-ordered conditions. Finally, the Court notes that as
late as October 15, 2019, Defendant was “an immediate
threat to self, others, or destruction of property” and
required emergency medication. (Doc. 42-1).
review of the record, The Court finds that Defendant's
conditional release should be revoked and that commitment
under the provisions of 18 U.S.C. § 4246 is appropriate.
Defendant violated his terms of conditional release when he
failed to comply with his prescribed treatment regimen and
the rules of his facility. His failure to comply with his
conditions of release establishes that his continued release
makes him dangerous to both himself and others. Accordingly,
it is hereby ORDERED that the Report and
Recommendation of the Magistrate Judge (Doc. 41) is
ADOPTED. It is further
ORDERED that Defendant's Exceptions
(Doc. 43) are OVERRULED. It is
ORDERED that the Motion for Revocation of
Conditional Release (Doc. 36) is GRANTED and
that Defendant's conditional release be
REVOKED. Finally, it is
ORDERED that Defendant be, and hereby is,
committed to the custody of the Attorney General for
hospitalization and treatment under the provisions of 18
U.S.C. § 4246.