United States Court of Appeals

For the Eighth Circuit

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No. 17-2632

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United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Adam Lamons

lllllllllllllllllllll Defendant - Appellant

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Appeal from United States District Court 

for the Western District of Missouri - Springfield

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 Submitted: March 7, 2018

Filed: March 21, 2018

[Unpublished]

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Before COLLOTON, BOWMAN, and BENTON, Circuit Judges. 

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PER CURIAM.

Adam Lamons, who was found incompetent to proceed with a hearing on a

charged violation ofsupervised release conditions, appeals fromthe civil commitment
order of the District Court. Under 18 U.S.C. § 4246, a person in federal custody but

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due for release may nevertheless be hospitalized if the court, after a hearing, finds by

clear and convincing evidence that the prisoner is suffering from a mental disease or

defect such that his release would be dangerous to the public. United States v.

Williams, 299 F.3d 673, 676 (8th Cir. 2002). Lamons is presently confined at the

United States Medical Center for Federal Prisonersin Springfield, Missouri (MCFP). 

On appeal from the order of commitment, he challenges the sufficiency of the

evidence justifying his continued hospitalization.

We have reviewed the District Court’s factual determinations underlying the

commitment decision for clear error, and we affirm. See id. (standard of review). 

The court’s order is supported by the unanimous opinions of mental health staff at

MCFP and defense counsel’s independent psychological examiner. Those mental

health professionals reported that Lamons wassuffering froma serious mental illness

with ongoing symptoms of psychosis and met the criteria for § 4246 commitment. 

They indicated, in part, that Lamons was experiencing symptoms of psychosisrelated

to his mental illness and was unable to function on an unlocked housing unit; that he

had a history of noncompliance or sporadic compliance with treatment, of

misperceiving situations and responding with violence or aggression, of possessing

weapons, and of using illicit substances; and that he had recently demonstrated

aggressive and threatening behavior. See, e.g., United States v. Ecker, 30 F.3d 966,

970 (8th Cir.) (noting one doctor’s testimony of “major factors in determining

potential dangerousness”), cert. denied, 513 U.S. 1064 (1994). 

The Attorney General must continue effortsto place Lamons in a suitable state

facility and prepare annual reports concerning his condition and the need for

The Honorable M. Douglas Harpool, United States District Judge for the

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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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continued commitment. See 18 U.S.C. § 4246(d). In light of an updated report filed

in the District Court indicating that as of August 2017, Lamons had shown progress

in achieving stability, we trust that the government will act promptly to facilitate

proceedings as warranted. See id. § 4247(e).

We affirm the judgment and grant counsel’s motion to withdraw.

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