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U.S. v. COX

Nos. 91-7044, 91-6554.

964 F.2d 1431 (1992)

UNITED STATES of America, Petitioner-Appellee, v. James L. COX, Respondent-Appellant. UNITED STATES of America, Petitioner-Appellant, v. James L. COX, Respondent-Appellee, and Konrad Jerome Charles School, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 1992.

Attorney(s) appearing for the Case

George Alan DuBois, Jr., Asst. Federal Public Defender, Raleigh, N.C., argued (William E. Martin, Federal Public Defender, Jeffrey L. Starkweather, Asst. Federal Public Defender, on brief), for respondent-appellant.

G. Norman Acker, III, Asst. U.S. Atty., Raleigh, N.C., argued (Margaret Person Currin, U.S. Atty., Stephen A. West, Asst. U.S. Atty., on brief), for petitioner-appellee.

Before ERVIN, Chief Judge, HAMILTON, Circuit Judge, and SHEDD, United States District Judge for the District of South Carolina, sitting by designation.

OPINION

ERVIN, Chief Judge:

The defendant, James Cox, appeals from a district court finding that Cox suffers from a mental disease or defect such that his release from the Federal Correctional Institution at Butner, North Carolina ("FCI-Butner") would cause a substantial risk of bodily injury to another person or serious damage to the property of another person. On cross-appeal, the Government appeals the district court's order requiring the Department of...

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