Opinion
No. 20-1092
07-13-2020
United States of America Plaintiff - Appellee v. John Axelgard Defendant - Appellant
Appeal from United States District Court for the Western District of Missouri - Springfield [Unpublished] Before KELLY, ERICKSON, and STRAS, Circuit Judges. PER CURIAM.
The district court ordered John Axelgard involuntarily committed based on a "mental disease or defect." 18 U.S.C. § 4246 (authorizing commitment when releasing a person who suffers from a "mental disease or defect" would "create a substantial risk of bodily injury . . . or serious damage to property"). On appeal, Axelgard's counsel requests permission to withdraw and challenges the factual findings underlying the court's commitment decision. Axelgard seeks unconditional release in a pro se supplemental brief and requests new counsel.
The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri, adopting the report and recommendations of the Honorable David P. Rush, United States Magistrate Judge for the Western District of Missouri.
We conclude that the district court's factual findings were not clearly erroneous. See 18 U.S.C. § 4246(d) (stating that a clear-and-convincing-evidence standard applies in this type of commitment proceeding); United States v. Williams, 299 F.3d 673, 676 (8th Cir. 2002) (discussing the standard of review on appeal). Evidence in the record, including several expert opinions, established that Axelgard has a mental illness, that his dangerous behavior is related to it, and that he would likely discontinue treatment if he were released. See United States v. Ecker, 30 F.3d 966, 970 (8th Cir. 1994). Accordingly, we affirm the judgment, see 8th Cir. R. 47B, deny Axelgard's motion for new counsel, and grant counsel's motion to withdraw.