United States of America v. Peter Four Horns

United States Court of Appeals
For the Eighth Circuit
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No. 18-3397
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Peter Four Horns
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: May 29, 2019
Filed: June 3, 2019
[Unpublished]
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Before BENTON, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.

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Peter Four Horns appeals the district court’s order revoking a grant of1
conditional release. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
In 2014, Four Horns was initially civilly committed under 18 U.S.C. § 4246.
In February 2018, the court granted the government’s motion for conditional release
under 18 U.S.C. § 4246(e)(2), and imposed eight conditions, including that he not
commit a new crime. On March 8, Four Horns was released to a South Dakota living
facility. On March 20, the government filed a “Notice of Violation and Request for
Warrant,” requesting his arrest and confinement. The Notice included allegations that
Four Horns assaulted the owner of the living facility, and threatened the police officer
who attempted to question him.
After careful review of the record, this court concludes the evidence developed
during the revocation proceedings supports the district court’s determination that
revocation and recommitment were warranted. See 18 U.S.C. § 4246(f); United
States v. Franklin, 435 F.3d 885, 889-90 (8th Cir. 2006).
The judgment is affirmed. Counsel’s motion to withdraw is granted.
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The Honorable M. Douglas Harpool, United States District Judge for the1
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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