United States Fourth Circuit

The district court's dismissal of the government's petition to commit defendant as a "sexually dangerous person," under the civil-commitment provisions of the Adam Walsh Child Protection and Safety Act, is reversed and remanded where: 1) the district court erred in its conclusion that the application of the Act to defendant violated the Due Process and Equal Protection Clauses of the Constitution; 2) the district court committed clear error in determining that defendant did not suffer from pedophilia and thus did not have a serious mental illness required for commitment under the Act; and 3) the record does not support the district court's determination that defendant would not have "serious difficulty refraining from sexually violent conduct or child molestation if released."

Appellate Information

• Decided 09/06/2012
• Published 09/06/2012

Judges

• Traxler

Court

• United States Fourth Circuit

Counsel