United States Fourth Circuit

18 U.S.C. section 4248, which purports to allow the federal government to civilly commit current and former federal prisoners who are certified as "sexually dangerous" by the Attorney General, exceeds the limits of congressional power. The Constitution does not empower the federal government to confine a person when the Government need not allege that his or her "dangerousness" violates any federal law.

Appellate Information

• Decided 01/08/2009
• Published 01/08/2009

Judges

• Before MOTZ and AGEE, Circuit Judges, and JAMES C. CACHERIS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mark Bernard Stern, United States Department of Justice, Washington, D.C., for Appellant.  Jane Ely Pearce, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellees.   ON BRIEF:  Jeffrey S. Bucholtz, Acting Assistant Attorney General, George E.B. Holding, United States Attorney, Jonathan F. Cohn, Deputy Assistant Attorney General, R.A. Renfer, Jr., Assistant United States Attorney, Samantha L. Chaifetz, United States Department of Justice, Washington, D.C., for Appellant.   Thomas P. McNamara, Federal Public Defender, Lauren Brennan, Research and Writing Attorney, Eric Brignac, Research and Writing Attorney, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellees.