United States Court of Appeals

For the Eighth Circuit

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No. 20-1148

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United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Calvertson Johnson Slim

lllllllllllllllllllllDefendant - Appellant

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Appeal from United States District Court 

for the Western District of Missouri - Springfield

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 Submitted: July 15, 2020 

Filed: July 20, 2020 

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Before LOKEN, BENTON, and SHEPHERD, Circuit Judges. 

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PER CURIAM.

Calvertson Slim was found incompetent to stand trial for a criminal charge in

the District of Arizona and transferred to the U.S. Medical Center for Federal Prisoners

in Springfield, Missouri for further evaluation. See 18 U.S.C. § 4241(d). After it was

determined that his incompetency was unlikely to be restored, the district court ordered

a hearing to determine if civil commitment is warranted because he is suffering from
a mental disease or defect and release would create a substantial risk of bodily injury

or serious property damage. See 18 U.S.C. § 4246(a). 

Prior to the hearing, a Medical Center Risk Assessment Panel filed a report

discussing Slim’s psychotic symptoms -- Schizophrenia, hallucinations, paranoia,

cognitive difficulties, delusional beliefs. The Panel concluded “there is a clear link

between [Slim’s] mental illness and dangerousness” and recommended civil

commitment. The district court granted Slim’s motion for evaluation by an

independent psychological examiner, who concluded that Slim’s mental illness makes

him dangerous to others, particularly young children, and concurred in the need for

civil commitment. After a hearing at which Slim testified, the district court1 found the

government had established by clear and convincing evidence that Slim is suffering

from a mental disease or defect such that his release would create a substantial risk of

bodily injury or serious property damage and committed him to the custody of the

Attorney General pursuant to § 4246. Slim appeals. Counsel filed a brief highlighting

Slim’s testimony that he would not be a danger if under a guardian’s care and

requesting permission to withdraw. Slim filed a pro se motion for the appointment of

new counsel and a supplemental brief asserting he should receive new mental health

assessments and be placed in a mental health court. 

In reviewing a § 4246 commitment order, we review the district court’s fact

findings for clear error. See United States v. Williams, 299 F.3d 673, 676 (8th Cir.

2002). Here, the district court’s findings of mental disease or defect creating a

substantial risk of bodily injury if Slim were released are supported by unanimous

medical opinions by Medical Center mental health professionals and defense counsel’s

1The 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.

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independent psychological examiner. The court did not clearly err in finding that

Slim’s testimony as to his dangerousness was not credible in the face of the unanimous

contrary conclusions by medical professionals. The government also submitted

evidence that the Attorney General has been unable to find appropriate state officials

who would assume responsibility for Slim’s custody and treatment. See § 4246(d). 

 

The judgment of the district court committing Calvertson Slim to the custody of

the Attorney General is affirmed. We deny Slim’s motions for the appointment of new

counsel as moot and grant counsel’s motion to withdraw.

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