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United States v. Young

United States District Court, D. Nevada

June 19, 2019

United States of America, Plaintiff
v.
Anhwar Telly Young, Defendant

          ORDER DIRECTING CONDITIONAL RELEASE

          JENNIFER A. DORSEY, U.S. DISTRICT JUDGE

         On June 17, 2019, the Court convened a hearing in accordance with 18 U.S.C. §§ 4243 and 4247(d) to discuss the Certificate and Recommendation of Conditional Release[1] filed by the Warden of the Federal Medical Center in Rochester, Minnesota, requesting the conditional release of ANHWAR TELLY YOUNG, whom this Court found Not Guilty by Reason of Insanity and committed for hospitalization on April 23, 2012. Present at the hearing were AUSA Nicholas Dickinson; and AFPD Monique Kirtley, counsel for Anhwar Telly Young. Present by telephone were Elizabeth Meyers, LICSW, Social Worker; Jason Gabel, Ph.D., LP., Chief of Psychology; Gina Masessa, Psy.D., L.P. Licensed Clinical Psychologist, United States Public Health Services; and Anhwar Telly Young. The Court canvassed all participants, and Dr. Gabel confirmed the unanimous conclusions of the panel as stated in the Risk Assessment Report on which the Certificate of Conditional Release was premised, that Mr. Young's conditional release under a prescribed regimen of medical, psychiatric, or psychological treatment will not create a substantial risk of bodily injury to another person or serious damage to the property of another; that the conditions below will adequately control and minimize any risks related to Mr. Young's release from custody due to the nature of the structure, treatment, and supervision he will receive; and that intervention in the form of psychiatric hospitalization or revocation should occur if Mr. Young becomes noncompliant with psychiatric medication, absconds, makes threatening statements, or engages in aggressive behavior.[2]

         After careful review of the report and consideration of the testimony and statements presented, the Court finds that Anhwar Telly Young's conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment will no longer create a substantial risk of bodily injury to another person or serious damage to the property of another. Therefore, conditional discharge, under the supervision by the United States Probation Office for a period of five years, is appropriate under the conditions set forth below.

         Pursuant to 18 U.S.C. §§ 4243 and 4247, IT IS HEREBY ORDERED that ANHWAR TELLY YOUNG be discharged from his commitment to the custody of the Attorney General subject to the following conditions:

         1. Mr. Young must reside at 4130 W. Ramona Ave., Fresno, CA 93722 and not make any changes in his residence without the advance approval of his mental-health providers and the final approval of the Supervising U.S. Probation Officer.

         2. Mr. Young must comply with all recommendations of treatment and keep all mental-health appointments at Fresno County Behavioral Health or another mental-health provider/facility approved by the U.S. Probation Officer. Mr. Young may not change mental-health providers without advance approval of the U.S. Probation Officer.

         3. Mr. Young must comply with psychiatric treatment as directed by the treatment team and the U.S. Probation Office, to include oral and injectable psychotropic medications.

         4. While Mr. Young is on conditional release, he may be admitted to an inpatient facility or placed in a crisis-stabilization facility if his treating clinicians and the U.S. Probation Officer deem it is necessary for his safety or the safety of the community.

         5. Mr. Young must abstain from the use of alcohol and other drugs not prescribed by his treating physician. His treating physician must notify the U.S. Probation Officer of any changes in the administration of anti-psychotic drugs.

         6. Mr. Young must refrain from any unlawful use of a controlled substance. Mr. Young must submit to urinalysis or other testing methods for detecting the use of controlled substances, and he must undergo regular urine and serum blood-level screening if ordered by the treating physician and U.S. Probation Officer to ensure abstinence from substances and the maintenance of a therapeutic level of medication.

         7. Mr. Young must participate in outpatient/inpatient substance abuse counseling as directed by the U.S. Probation Officer, if deemed necessary.

         8. Mr. Young must submit to the search of his person, property, home, and vehicle by a United States Probation Officer, or any other authorized person under the immediate and personal supervision of the probation officer, based upon reasonable suspicion, without a search warrant. Failure to submit to a search may be grounds for revocation. Mr. Young must warn any other residents that the premises may be subject to search under this condition.

         9. Mr. Young must not commit another federal, state, or local crime.

         10. The U.S. Probation Office will supervise Mr. Young for a specified period imposed by the Court to ensure his compliance. Mr. Young waives his right to confidentiality regarding his mental-health treatment in order to allow sharing of information with the Supervising Probation Officer ...


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