United States of America v. Augustin Gonzalez

United States Court of Appeals
For the Eighth Circuit
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No. 24-2377
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Augustin Gonzalez
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: April 10, 2025
Filed: April 23, 2025
[Unpublished]
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Before BENTON, SHEPHERD, and GRASZ, Circuit Judges.
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PER CURIAM.

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Augustin Gonzalez appeals the district court’s1 order committing him to the
custody of the Attorney General for hospitalization and treatment pursuant to 18
U.S.C. § 4246, which authorizes commitment when a person who is due for release
suffers from a mental disease or defect such that his release would create a substantial
risk of bodily injury or serious damage to property. Gonzalez’s counsel has moved
to withdraw.
We conclude the commitment decision was not clearly erroneous, see United
States v. Williams, 299 F.3d 673, 676-78 (8th Cir. 2002) (standard of review), as it
is supported by medical opinions set forth in reports prepared by mental health
professionals where Gonzalez was confined for treatment, and by defense counsel’s
independent psychological examiner. The concurring expert reports established that
Gonzalez has a mental disease or defect; that his pattern of dangerous behavior is
related to his mental conditions; and that hospitalization is warranted, as he has little
insight into his condition, and he likely would refuse treatment if released. See
United States v. Ecker, 30 F.3d 966, 970 (8th Cir. 1994) (listing factors used in
determining potential dangerousness).
We note that the Attorney General is under a continuing obligation to exert
reasonable efforts to place Gonzalez in a suitable state facility, and that his custodians
must prepare annual reports concerning his mental condition and the need for
continued commitment. See 18 U.S.C. §§ 4246(d) and 4247(e)(1)(B).
Accordingly, we grant counsel’s motion to withdraw, and affirm.
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1The Honorable M. Douglas Harpool, United States District Judge for the
Western District of Missouri, adopting the report and recommendations of the
Honorable Willie J. Epps, Jr., United States Magistrate Judge for the Western District
of Missouri.
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