United States v. Maclaren

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Petitioner, who is civilly committed pursuant to the Adam Walsh Child Protection and Safety Act of 2006, 18 U.S.C. 4248, appealed the district court's order denying his motion for a discharge hearing. The Fourth Circuit vacated the judgment, holding that the district court applied an incorrect standard for determining whether someone confined pursuant to the Adam Walsh Act was entitled to a discharge hearing. Accordingly, the court remanded for the district court to apply the correct standard in the first instance. The court explained that the district court must decide whether petitioner's motion contained sufficient factual matter, accepted as true, to state a claim for discharge that was plausible on its face. View "United States v. Maclaren" on Justia Law

Posted in: Criminal Law

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