Filed: May 05, 2015
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-3843 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Wilbert H. Cherry, Jr. lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Springfield _ Submitted: April 27, 2015 Filed: May 5, 2015 [Unpublished] _ Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges. _ PER CURIAM. William Cherry, Jr. appeals the district court’s1 order committing
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-3843 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Wilbert H. Cherry, Jr. lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Springfield _ Submitted: April 27, 2015 Filed: May 5, 2015 [Unpublished] _ Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges. _ PER CURIAM. William Cherry, Jr. appeals the district court’s1 order committing h..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-3843
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Wilbert H. Cherry, Jr.
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Springfield
____________
Submitted: April 27, 2015
Filed: May 5, 2015
[Unpublished]
____________
Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.
____________
PER CURIAM.
William Cherry, Jr. appeals the district court’s1 order committing him to the
custody of the Attorney General for hospitalization and treatment pursuant to 18
1
The Honorable M. Douglas Harpool, United States District Judge for the
Western District of Missouri, adopting the report and recommendations of the
Honorable David P. Rush, United States Magistrate Judge for the Western District of
Missouri.
U.S.C. § 4246, upon the court’s finding, by clear and convincing evidence, that
Cherry is suffering from a mental disease or defect as a result of which his release
would pose a substantial risk of bodily injury to another person or serious damage to
the property of another. For reversal, Cherry argues that the court improperly relied
upon hearsay in committing him.
Reviewing for plain error because Cherry did not raise a hearsay objection
below, see United States v. Pirani,
406 F.3d 543, 550 (8th Cir. 2005) (en banc), we
reject the argument, see 18 U.S.C. § 4246(b); United States v. LeClair,
338 F.3d 882,
885 (8th Cir. 2003) (facts and data that form basis for expert opinion need not be
admissible in evidence). We also find no clear error in the court’s dangerousness
finding, in light of the unanimous expert opinion recommending section 4246
commitment. See
id. (standard of review); cf. United States v. Lewis,
929 F.2d 440,
442 (8th Cir. 1991) (per curiam).
Accordingly, we affirm the judgment of the district court. We also grant
counsel’s motion to withdraw, subject to counsel informing appellant about
procedures for seeking rehearing or filing a petition for certiorari.
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