United States Court of Appeals
For the Eighth Circuit
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No. 19-3349
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United States of America
lllllllllllllllllllllPetitioner - Appellee
v.
Calvin Scott Wedington
lllllllllllllllllllllRespondent - Appellant
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Appeal from United States District Court
for the District of Minnesota
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Submitted: May 15, 2020
Filed: May 22, 2020
[Unpublished]
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Before KELLY, WOLLMAN, and STRAS, Circuit Judges.
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PER CURIAM.
Calvin Wedington seeks release from involuntary commitment at the Federal
Medical Center in Devens, Massachusetts. See 18 U.S.C. §§ 4245, 4247(h). The
district court 1 denied his motion after it found that he was still in need of treatment.
On appeal, Wedington’s counsel argues that this finding was clearly erroneous and
requests permission to withdraw. Wedington filed a pro se supplemental brief in
which he argues that he does not have a mental illness.
We conclude that the district court did not clearly err when it found that
Wedington was in need of ongoing commitment. See 18 U.S.C. § 4245(d) (stating
that a preponderance-of-the-evidence standard applies in commitment proceedings);
United States v. Bean, 373 F.3d 877, 879 (8th Cir. 2004) (discussing the standard of
review on appeal). There was sufficient evidence in the record that Wedington
lacked insight into his mental illness and that, if released, he would stop taking his
medication and pose a danger to himself and others. Accordingly, we affirm the
judgment, see 8th Cir. R. 47B, and grant counsel’s motion to withdraw.
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1
The Honorable David S. Doty, United States District Judge for the District
of Minnesota, adopting the report and recommendations of the Honorable Steven E.
Rau, United States Magistrate Judge for the District of Minnesota.
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