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United States of America v. Michael Wigren

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Submitted: January 12, 2011

Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges.

Michael Wigren appeals from the district court’s*fn1 order civilly committing him to the custody of the Attorney General of the United States, pursuant to 18 U.S.C. § 4246. The district court found that Wigren suffers from a mental disease or defect, that his release would create a substantial risk of bodily injury to another person or serious damage to the property of another, and that a suitable state placement was not available. Wigren asserts that the government violated his right to due process, because it submitted to the district court an unsubstantiated certification that a suitable state placement was unavailable. He also argues that the court erred in finding that such a placement was not available. We affirm.

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