United States v. Welsh

The Fourth Circuit held that defendant's civil commitment judgment was not void under Federal Rule of Civil Procedure 60(b)(4) and the district court had discretion to deny relief under Rules 60(b)(5) and 60(b)(6). In this case, defendant pleaded guilty to failing to comply with the Sex Offender Registration and Notification Act (SORNA). While in custody for that offense, defendant was certified as a sexually dangerous person and civilly committed. The Supreme Court later held in a different case that the version of SORNA then applicable to defendant's offense did not require a sex offender to update his registration in his former home state after moving to a foreign country. Consequently, defendant moved to have his SORNA conviction vacated and then sought relief from his civil commitment. The court affirmed the district court's denial of defendant's motion for relief from civil commitment, holding that the civil commitment judgment was not void, and the district court weighed carefully the competing interests, in light of all the facts, and reasonably determined that defendant should remain civilly committed. View "United States v. Welsh" on Justia Law