United States First Circuit

In federal government's attempt to commit a defendant under the Adam Walsh Child Protection and Safety Act, district court's holding that the government failed to make the necessary showing is affirmed in part, reversed in part and remanded where: 1) district court's determination that the statute is not facially unconstitutional is affirmed; and 2) the district court erred in holding that the government failed to establish that defendant met the mental condition element.

Appellate Information

• Decided 01/15/2010
• Published 01/15/2010

Judges

• BOUDIN, Circuit Judge., Before BOUDIN and SELYA, Circuit Judges, and LAPLANTE,District Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Abby Wright and Samantha Chaifetz, Appellate Staff, Civil Division, Department of Justice, with whom Tony West, Assistant Attorney General, Michael K. Loucks, Acting United States Attorney, and Mark B. Stern, Appellate Staff, Civil Division, Department of Justice, were on brief for petitioner, appellant/cross-appellee., Judith H. Mizner, Assistant Federal Public Defender, Federal Defender Office, for respondent, appellee/cross-appellant.