US v. Rodman, (4th Cir. 2009)

Status: Not Published

Docket Number: 08-6455

Linked as:

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6455

UNITED STATES OF AMERICA,

Petitioner - Appellee,

v.

BRETT A. RODMAN,

Respondent - Appellant.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. W. Earl Britt, Senior

District Judge. (5:07-hc-2157-BR)

Submitted: February 6, 2009 Decided: February 17, 2009

Before KING, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, Jane E. Pearce,

Assistant Federal Public Defender, Diana Pereira, Research and

Writing Specialist, Raleigh, North Carolina, for Appellant.

George E. B. Holding, United States Attorney, Ann M. Hayes,

Assistant United States Attorney, David T. Huband, Special

Assistant United States Attorney, Raleigh, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Brett A. Rodman appeals the district court's order committing him to the custody of the Attorney General under 18 U.S.C. § 4246 (2006). The district court found by clear and convincing evidence that Rodman "is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another." 18U.S.C. § 4246(d) (2000).

We review the district court's determination for clear error. United States v. Cox, 964 F.2d 1431, 1433 (4th Cir.

1992). We have reviewed the record, the district court's conclusion, and the briefs of the parties, and find that the district court's determination is supported by the record and is not clearly erroneous. Accordingly, we affirm the order of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED