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No. 14-7665
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
W. Earl Britt, Senior
District Judge. (5:14-hc-02172-BR)
Submitted:
Decided:
PER CURIAM:
Gary
Debenedetto
committing
him
to
appeals
the
the
custody
district
of
the
courts
Attorney
order
General
in
We affirm.
person
defect
is
as
presently
result
of
suffering
which
from
his
mental
release
disease
would
create
or
a
to
district
property
courts
of
another.
finding
that
18
the
U.S.C.
4246(d).
Government
has
The
established
be
overturned
on
appeal
unless
it
is
clearly
erroneous.
United States v. LeClair, 338 F.3d 882, 885 (8th Cir. 2003);
United States v. Cox, 964 F.2d 1431, 1433 (4th Cir. 1992).
Dr.
Robert
Luckinga
staff
psychiatrist
at
the
Federal
past
history
and
of
violencewhich
well
established
2
encompassed
pattern
of
his
both
verbal
and
individuals;
physical
his
aggression
mental
illness
directed
and
the
against
combination
other
of
that
in
substantial
dangerous/aggressive
behavior;
his
increased
lack
of
risk
insight
for
into
his
support
and
meaningful
social
relationships
with
been
committed;
and
his
scores
on
violence
assessment
instruments.
Independent evaluator Dr. Katayoun Tabrizi issued a report
concluding
disorder
that
and
Debenedetto
adult
antisocial
suffers
from
behavior
and
schizoaffective
had
several
risk
financial
stability,
and
his
unemployment;
his
lack
of
insight into his mental illness and the need for treatment; and
evidence of excessive alcohol use.
create
substantial
risk
of
bodily
injury
to
another
At
hearing,
Dr.
forensic psychiatry.
Lucking
testified
as
an
expert
in
been
disruptive,
assaultive
while
verbally
housed
Bureau of Prisons.
in
threatening,
institutions
and
within
physically
the
Federal
considered
in
reaching
that
opinion.
Based
on
this
was
because
argues
not
he
on
appeal
established
had
never
that
by
his
clear
physically
and
substantial
convincing
assaulted
officers
We
in a 4246(d) case.
in
both
Dr.
Luckings
Luckings
hearing
and
Dr.
testimony
Tabrizis
that
reports
Debenedetto
and
made
Dr.
violent
Even if
his
risk
of
dangerousness
in
light
of
his
entire
See id.
Additionally, even if
to
injury
aggressive
or
behavior
serious
damage
and
to
the
substantial
property
of
risk
of
another.
possibility
of
future
harm
to
persons
or
property.
United States v. Sahhar, 917 F.2d 1197, 1207 (9th Cir. 1990).
Based
on
the
entirety
of
Debenedettos
behavioral,
with
contentions
are
we
oral
affirm
the
argument
adequately
district
because
presented
in
courts
order.
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED