United States v. Howard Lane

32 F. App'x 792

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 19, 2002
• Docket: 01-3795
• Status: Unpublished

Opinion

PER CURIAM.

Following a hearing, the district court 1 ordered Howard Lane committed under 18 U.S.C. § 4245 to the custody of the Attorney General, for hospital care and treatment in a suitable facility until treatment is no longer needed or his sentence expires, whichever occurs first. Mr. Lane appeals. Having carefully reviewed the record, we are satisfied that the district court’s findings as to Mr. Lane’s condition are not clearly erroneous. See 18 U.S.C. § 4245(d) (burden of proof); United States v. S.A., 129 F.3d 995, 1000 (8th Cir.1997) (standard of review), cert. denied, 523 U.S. 1011, 118 S.Ct. 1200, 140 L.Ed.2d 329 (1998). Accordingly, we affirm.

Additionally, we grant counsel’s pending motion.

1 . The Honorable Dean Whipple, Chief Judge, United States District Court for the Western District of Missouri, adopting the report and recommendations of the Honorable James C. England, United States Magistrate Judge for the Western District of Missouri.