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United States v. Merric, 97-1427 (1997)

Court: Court of Appeals for the First Circuit Number: 97-1427 Visitors: 3
Filed: Aug. 20, 1997
Latest Update: Mar. 02, 2020
Summary: Defendant, Appellant.___________, Boudin and Stahl, Circuit Judges., ______________, Jay P. McCloskey, United States Attorney, and Margaret D., __________________ ____________, McGaughey, Assistant United States Attorney, on Memorandum of Law in, _________, Support of Motion Pursuant to Loc.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 97-1427

UNITED STATES,

Appellee,

v.

MICHAEL MERRIC,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Morton A. Brody, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Boudin and Stahl, Circuit Judges. ______________

____________________

Michael Merric on brief pro se. ______________
Jay P. McCloskey, United States Attorney, and Margaret D. __________________ ____________
McGaughey, Assistant United States Attorney, on Memorandum of Law in _________
Support of Motion Pursuant to Loc. R. 27.1 for Summary Disposition for
appellee.


____________________

AUGUST 19, 1997
____________________
















Per Curiam. Assuming without deciding that we have ___________

jurisdiction to hear this appeal, and having carefully

reviewed the briefs and record, we find no clear error in the

order of commitment pursuant to 18 U.S.C. 4241(d).

We will not second-guess the district court's

determination of the credibility of the psychiatric reports,

even supposing that issue of credibility was not waived

before the district court. Further, in the context of this

interlocutory appeal from the 4241(d) commitment order, we

have no call to review defendant's complaints about his

medication and the underlying criminal charges.

The order is affirmed. See 1st Cir. Loc. R. 27.1. ________ ___

Appellant's motion for stay pending appeal is denied as ______

moot.

























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Source:  CourtListener

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