United States Court of Appeals
For the Eighth Circuit
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No. 22-3360
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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: October 3, 2023
Filed: October 6, 2023
[Unpublished]
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Before LOKEN, SHEPHERD, and GRASZ, Circuit Judges.
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PER CURIAM.
Federal prisoner Calvin Wedington appeals the district court’s1 order denying
his most recent 18 U.S.C. § 4247(h) motion for discharge from his 2005 commitment
under 18 U.S.C. § 4245.
Following a careful review, we conclude that ample evidence supported the
district court’s finding after a hearing that Wedington was in need of ongoing
commitment. See 18 U.S.C. § 4245(d) (preponderance of the evidence standard for
determination of mental illness and treatment need), § 4247(h) (discharge); United
States v. Bean, 373 F.3d 877, 879 (8th Cir. 2004) (finding under § 4245 is reviewed
for clear error); United States v. Frierson, 208 F.3d 282, 283 (1st Cir. 2000)
(commitment under § 4245 continues until earlier of expiration of sentence,
determination by director of medical facility that prisoner is no longer in need of
hospitalization, or determination by court by preponderance of evidence after hearing
upon motion by counsel for committed person that he should be discharged). Despite
Wedington’s improved symptoms and good behavior while medicated, the district
court’s denial of Wedington’s motion to be discharged from commitment was
supported by evidence, including the testimony of Wedington’s psychologist at FMC
Devens with first hand knowledge of Wedington’s condition, that he had a history of
decline upon stopping psychiatric medication, that he lacked insight into his mental
illness, and that he would cease taking his schizophrenia and other medication if his
commitment were lifted. Accordingly, we affirm the judgment, see 8th Cir. R. 47B,
and we 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 Honorable Becky R.
Thorson, United States Magistrate Judge for the District of Minnesota, now retired.
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