United States Fourth Circuit

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US v. Timms, 11-6886

In an appeal from a judgment of the district court dismissing the government's 18 U.S.C. section 4248 commitment action, judgment is: 1) affirmed where the district court did not err in concluding that Section 4248 is a civil statute and thus is not subject to the various constitutional safeguards placed on criminal proceedings, nor did it err in requiring prove by clear and convincing evidence rather than beyond a reasonable doubt; but 2) reversed where the court erred in finding that, as applied to defendant, Section 4248 deprived him of equal protection and due process of law.

Appellate Information

  • Decided 01/09/2012
  • Published 01/09/2012

Judges

  • AGEE

Court

  • United States Fourth Circuit

Counsel