USA v. Willie Clark, (8th Cir. 2003)

Docket Number: 02-3018

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United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 02-3018

United States of America, Appellee, v. Willie E. Clark, Appellant.

Submitted: January 28, 2003

Filed: February 3, 2003

Before McMILLIAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

Willie E. Clark, a federal inmate, appeals from the district court§ 4245. We affirm.

We conclude that the district court did not clearly err in finding that Mr. Clark suffers from a mental disease or defect for which he requires care and treatment in a suitable facility. The report of the government§ 4245(d) (burden of proof). Mr. Clark§ 4245 proceedings is statutory), cert. denied, 511 U.S. 1044 (1994); and in any event, Mr. Clark has not shown that counsel performed deficiently.

Accordingly, we affirm, and we grant counselÂ’s motion to withdraw. We also deny Mr. ClarkÂ’s pending motions.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

Appeal from the United States

District Court for the Western

District of Missouri.

[UNPUBLISHED]

[1] The Honorable Dean Whipple, Chief Judge, United States District Court for the Western District of Missouri, adopting the report and recommendations of the Honorable James C. England, United States Magistrate Judge for the Western District of Missouri.