United States v. Gilgert

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 the United States.

On Mr. Gilgert’s appeal, we confront three issues: (1) the applicable standard of review; (2) the applicable evidentiary…