DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
193573P.pdf 01/11/2021 United States v. Fita Spann
U.S. Court of Appeals Case No: 19-3573
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Colloton, Author, with Gruender, and Grasz, Circuit Judges]
Civil case - Civil Commitment. Spann had been committed to the custody of
the Attorney General based on a mental disease or defect and a substantial
risk of dangerousness; later, he was conditionally released to the
community, but he failed to abide by the conditions of his release, and
the government moved to revoke his release; the district court did not err
in rejecting Spann's argument that a mental exam was required before the
court could revoke his conditional release; 18 U.S.C. Sec. 4246(f) does
not direct, or even expressly authorize the district court to order a
mental health exam in a proceeding to consider revocation of conditional
discharge; denial of the exam did not deprive Spann of his Fifth Amendment
due process rights, as he had a meaningful opportunity to be heard on the
revocation and did not avail himself of statutory opportunities to show he
was eligible for discharge despite violating conditions of release.