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U.S. v. GILGERT

No. 02-4021.

314 F.3d 506 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jay Bradley GILGERT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 27, 2002.

Attorney(s) appearing for the Case

Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, and Kevin L. Sundwall, Assistant Federal Public Defender, with him on the briefs), Salt Lake City, UT for Defendant-Appellant Jay Bradley Gilgert.

Wayne T. Dance, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the brief), Salt Lake City, UT for Plaintiff-Appellee United States of America.

Before KELLY, BALDOCK, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Jay Bradley Gilgert pleaded not guilty by reason of insanity to making a threat against the President of the United States in violation of 18 U.S.C. § 871. After a hearing, the district court found that Mr. Gilgert had failed to prove that his release into the community "would not create a substantial risk of bodily injury to another person" under 18 U.S.C. § 4243(e) and committed Mr. Gilgert to the custody of the Attorney General of...

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