Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

Articles Posted in September, 2012
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Approximately three months before respondent was to be released from federal prison, the government sought to commit him as a "sexually dangerous person," 18 U.S.C.A. 4248(a), under the civil-commitment provisions of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587. After an evidentiary hearing, the district court held that the government failed to prove that respondent suffered from pedophilia and failed to prove he would have serious difficulty refraining from re-offending. Thus, the district court dismissed the petition and ordered respondent released. The government subsequently appealed. The court held that the district court erred in its conclusion that the application of the Act to respondent violated the Due Process and Equal Protection Clauses. The court also held, among other things, that the record did not support the district court's determination that respondent did not suffer from various mental illnesses, abnormalities, or disorders because he no longer suffered from pedophilia. Accordingly, the court reversed and remanded. View "United States v. Wooden" on Justia Law