United States First Circuit

District court's denial of defendant's petition for habeas relief, from his civil commitment to the Massachusetts Treatment Center pursuant to Chapter 123A of the Massachusetts General Laws, after a state court jury found that he was a sexually dangerous person, is affirmed where: 1) the district court did not unreasonably apply Supreme Court precedent when it refused to credit defendant's categorical claim that a diagnosis of antisocial personality disorder (ADP) can never serve as a sufficient basis for civil commitment because the disorder does not affect volition and is so prevalent among criminal offenders that it cannot be used to distinguish ordinary recidivists from the dangerously mentally ill; and 2) the Massachusetts Court of Appeals did not unreasonably apply Supreme Court precedent in rejecting defendant's argument that the record does not establish that APD causes him serious difficulty in controlling his sexual impulses.

Appellate Information

• Decided 08/10/2010
• Published 08/10/2010

Judges

• BARBADORO, District Judge

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael A. Nam-Krane, Eva M. Badway