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U.S. v. JENSEN

No. 10-2388.

639 F.3d 802 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas JENSEN, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 11, 2011.

Attorney(s) appearing for the Case

Bruce Henry Ellison, argued, Rapid City, SD, for appellant.

Mark E. Salter, AUSA, argued, Sioux Falls, SD, for appellee.

Before LOKEN, MELLOY, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

Thomas Jensen pleaded guilty to one count of mailing a threatening communication in violation of 18 U.S.C. § 876(c). As part of a plea agreement, the government and Jensen moved for a hearing pursuant to 18 U.S.C. § 4244(a) to determine if Jensen suffered from a mental disease or defect and should be provisionally sentenced to a suitable treatment facility in lieu of incarceration. See 18 U.S.C. § 4244(d). The district...

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