United States Fourth Circuit
US v. Comstock, 07-7671
On remand from the United States Supreme Court, the district court's refusal to order the civil commitment of five individuals under the Adam Walsh Child Protection and Safety Act of 2006, is reversed and remanded as, defendants have not met their heavy burden of demonstrating that the "clear and convincing evidence" standard mandated by section 4248 renders the statute unconstitutional on its face, but rather, at the very least, the challenged provision has a plainly legitimate sweep.
Appellate Information
- Argued 09/21/2010
- Decided 12/06/2010
- Published 12/06/2010
Judges
Court
- United States Fourth Circuit
Counsel
- For Appellant:
- Mark B. Stern, Alan DuBois