UNITED STATES v. ECKER

No. 73-1154.

479 F.2d 1206 (1973)

UNITED STATES of America v. Lewis C. ECKER, II, Appellant.

United States Court of Appeals, District of Columbia Circuit.

As Amended June 7, 1973.


Attorney(s) appearing for the Case

Herbert M. Silverberg, Chief, Mental Health Division, Public Defender Service, Washington, D. C., was on the motion for Summary Reversal.

Harold H. Titus, Jr., U. S. Atty., John A. Terry, Oscar Altshuler, Roger C. Spaeder, and Lawrence H. Wechsler, Asst. U. S. Attys., were on the opposition to motion for Summary Reversal.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and MacKINNON, Circuit Judge.


BAZELON, Chief Judge:

Appellant Ecker has moved for summary reversal of the District Court's denial of St. Elizabeths Hospital's recommendation for his conditional release from that hospital on the ground that the trial judge clearly abused his discretion. We deny the motion for summary reversal and, sua sponte, summarily affirm the decision below.

On the basis of this record, we find that the hospital's evidence raised sufficient questions about appellant...

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