[NOT FOR PUBLICATION]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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