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U.S. v. RUSTON

No. 07-10433.

565 F.3d 892 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Lester Jon RUSTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 15, 2009.

Attorney(s) appearing for the Case

Delonia Anita Watson (argued), Fort Worth, TX, for U.S.

Jason Douglas Hawkins (argued), Fed. Pub. Def., Dallas, TX, for Ruston.

Before DAVIS, STEWART and DENNIS, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Lester Jon Ruston was charged with threatening to assault and murder a federal magistrate judge with intent to intimidate and retaliate against the judge in violation of 18 U.S.C. § 115 and was found not guilty by reason of insanity. The district court committed Ruston to the custody of the Attorney General under 18 U.S.C. § 4243(a). Prior to a § 4243(c) hearing to determine whether Ruston could establish that his release...

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