Case: 10-10069 Document: 00511645438 Page: 1 Date Filed: 10/26/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 26, 2011
No. 10-10069
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellant
v.
LESTER JON RUSTON,
Defendant-Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:04-CR-191-1
Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges.
PER CURIAM:*
Lester Jon Ruston, federal civil detainee # 26834-177, was indicted in 2004
for threatening to assault and murder a United States Magistrate Judge and
found not guilty by reason of insanity. Ruston appeals the district court’s order
on remand finding him incompetent under 18 U.S.C. § 4241 and ordering him
to remain civilly committed to the custody of the Attorney General.
The district court did not clearly err in determining that Ruston was not
competent under § 4241 based on a forensic psychological evaluation performed
*
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent
Case: 10-10069 Document: 00511645438 Page: 2 Date Filed: 10/26/2011
No. 10-10069
by Shawn E. Channell, Ph.D. and the parties’ joint stipulation. Accordingly, the
Government’s motion to dismiss the appeal is GRANTED, the appeal is
DISMISSED, and all other motions are DENIED.
2