United States Fourth Circuit

Dismissal of the government's petition for civil commitment of respondent under 18 U.S.C. section 4248 after the attorney general certified him as "sexually dangerous" is affirmed where respondent (who was convicted and sentenced via military court-martial, but housed within a Bureau of Prisons (BOP) facility) was not "in the custody" of the BOP under section 4248 because the BOP did not have legal custody over him.

Appellate Information

• Argued 05/10/2010
• Decided 06/14/2010
• Published 06/14/2010

Judges

• Before GREGORY, DUNCAN, and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Anisha S. Dasgupta, United States Department of Justice, Washington, D.C., for Appellant. Lisa Hertzer Schertler, Schertler & Onorato, LLP, Washington, D.C., for Appellee. ON BRIEF: Tony West, Assistant Attorney General, Beth S. Brinkmann, Deputy Assistant Attorney General, Mark B. Stern, United States Department of Justice, Washington, D.C.; George E.B. Holding, United States Attorney, R.A. Renfer, Jr., Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant.