Opinion
20-3202
11-04-2021
United States of America Petitioner - Appellee v. Gordon Franklin, Jr. Respondent - Appellant
Unpublished
Submitted: September 24, 2021
Appeal from United States District Court for the Western District of Missouri - Springfield
Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges.
PER CURIAM.
Gordon Franklin, civilly committed pursuant to 18 U.S.C. § 4246 since 1991, appeals the district court's order revoking his most recent grant of conditional release. We conclude that the evidence developed during the revocation proceedings supports the district court's findings that Franklin failed to comply with his prescribed regimen of psychiatric care, and that his continued release would therefore create a substantial risk of bodily injury to another person, or serious damage to the property of another. See 18 U.S.C. § 4246(f); Sealed Appellee v. Sealed Appellant, 665 F.3d 620, 622-23 (5th Cir. 2011) (applying preponderance-of-evidence standard to § 4246(f) revocation). We also conclude that an updated risk assessment report was unnecessary for the district court to make its determination. See United States v. Spann, 984 F.3d 711, 714-15 (8th Cir. 2021) (stating that an updated risk assessment report was unnecessary for district court to determine that an individual presented a risk of harm to others and revoke the individual's release). Accordingly, we affirm. See 8th Cir. R. 47B. 1
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.