Opinion
No. 07-7452.
Submitted: April 30, 2008.
Decided: May 27, 2008.
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-02031-BR).
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, Anne M. Hayes, Assistant United States Attorney, David T. Huband, Special Assistant United States Attorney, Raleigh, North Carolina, for Appellee.
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Timothy Newsome appeals the district court's order committing him to the custody of the Attorney General pursuant to 18 U.S.C. § 4246 (2000). To hospitalize an inmate due for release but suffering from mental disease or defect, "the court must find both: 1) that he is suffering from a mental disease or defect, and 2) that as a result of his mental disease, his release would create a substantial risk of harm to another or the property of another." United States v. Cox, 964 F.2d 1431, 1433 (4th Cir. 1992). The medical professionals who evaluated Newsome unanimously concluded he suffers from schizophrenia and a cognitive disorder. Newsome engaged in a pattern of increasingly aggressive behavior, including an unprovoked assault of an elderly inmate and threatening to harm or kill medical staff and inmates. Based on our review of the record, the district court did not clearly err in its determination. Accordingly, we affirm the judgment 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.