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U.S. v. STEWART

No. 05-2732.

452 F.3d 266 (2006)

UNITED STATES of America v. Anthony STEWART, Appellant.

United States Court of Appeals, Third Circuit.

Filed July 3, 2006.

As Amended July 19, 2006.

Attorney(s) appearing for the Case

Andrea D. Bergman, Esquire (Argued), Office of the Federal Public Defender, Trenton, NJ, for Appellant.

Caroline A. Sadlow Ski, Esquire (Argued), George S. Leone, Esquire, Office of United States Attorney, Newark, NJ, for Appellee.

Before SCIRICA, Chief Judge, NYGAARD, Circuit Judge, and YOHN, District Judge.

OPINION OF THE COURT

YOHN, District Judge.

In 2004, Anthony Stewart was found not guilty by reason of insanity for randomly stabbing a post-office customer in Harrison, New Jersey. At a subsequent hearing, the District Court committed Stewart to the custody of the United States Attorney General because Stewart failed to prove by clear and convincing evidence that his release into the community "would not create a substantial risk of bodily injury to another...

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