Legal Opinion

United States v. Howard McAllister

Court of Appeals for the Eighth Circuit

Decided September 18, 2000No. 99-3397PublishedCited by 54 opinions

1Opinion of the Court

MILLS, District Judge.

This appeal raises a matter of first impression.

Does 18 U.S.C. § 4246(e) require a district court to conduct a hearing prior to conditionally releasing an individual who has been committed to the custody of the Attorney General of the United States pursuant to 18 U.S.C. § 4246(d)?

We find that § 4246(e) does not require a hearing.

We also find that the conditions imposed upon Appellant as part of his release do not violate his constitutional or statutory rights.

Therefore, we affirm.

I. BACKGROUND

Howard McAllister served in the United States Army for 27 years, attaining the…

2Cases cited15 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Addington v. TexasSupreme Court of the United States · 1979
  3. Youngberg v. Romeo Ex Rel. RomeoSupreme Court of the United States · 1982
  4. Babbitt v. United Farm Workers National UnionSupreme Court of the United States · 1979
  5. King v. St. Vincent's HospitalSupreme Court of the United States · 1991

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3Cited by54 opinions

  1. Royal v. KautzkyCourt of Appeals for the Eighth Circuit · 2004
  2. United States v. Thomas MickelsonCourt of Appeals for the Eighth Circuit · 2006
  3. United States v. Steven Curtis McIntoshCourt of Appeals for the Eighth Circuit · 2001
  4. Stanley D. Dowd and Richard Brown, Jr. v. United Steelworkers of America, Local No. 286Court of Appeals for the Eighth Circuit · 2001
  5. United States v. Richie FontaineCourt of Appeals for the Third Circuit · 2012

49 more not listed; retrieve them via the Exa API.

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