United States v. John Axelgard

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 13, 2020
• Docket: 20-1092
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1092 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

John Axelgard

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Springfield ____________

Submitted: July 7, 2020 Filed: July 13, 2020 [Unpublished] ____________

Before KELLY, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM.

The district court 1 ordered John Axelgard involuntarily committed based on a “mental disease or defect.” 18 U.S.C. § 4246 (authorizing commitment when

1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri, adopting the report and recommendations of the releasing a person who suffers from a “mental disease or defect” would “create a substantial risk of bodily injury . . . or serious damage to property”). On appeal, Axelgard’s counsel requests permission to withdraw and challenges the factual findings underlying the court’s commitment decision. Axelgard seeks unconditional release in a pro se supplemental brief and requests new counsel.

We conclude that the district court’s factual findings were not clearly erroneous. See 18 U.S.C. § 4246(d) (stating that a clear-and-convincing-evidence standard applies in this type of commitment proceeding); United States v. Williams, 299 F.3d 673, 676 (8th Cir. 2002) (discussing the standard of review on appeal). Evidence in the record, including several expert opinions, established that Axelgard has a mental illness, that his dangerous behavior is related to it, and that he would likely discontinue treatment if he were released. See United States v. Ecker, 30 F.3d 966, 970 (8th Cir. 1994). Accordingly, we affirm the judgment, see 8th Cir. R. 47B, deny Axelgard’s motion for new counsel, and grant counsel’s motion to withdraw. ______________________________

Honorable David P. Rush, United States Magistrate Judge for the Western District of Missouri. -2-