United States Fourth Circuit
US v. De La Luz Perez, 13-6043
The district court's order concluding that defendant is a "sexually dangerous person," under the Adam Walsh Child Protection and Safety Act of 2006 and committing him to the custody of the United States Attorney General is affirmed, where: 1) the procedure set forth in 18 U.S.C. section 4248(a) for initiating proceedings for the civil commitment of a sexually dangerous person supplants the summons requirement set forth in Federal Rule of Civil Procedure 4; and 2) the government easily presented sufficient evidence to support the conclusion that, by clear and convincing evidence, defendant, as a result of his pedophilia, would have serious difficulty in refraining from child molestation if released.
Appellate Information
- Decided 05/15/2014
- Published 05/15/2014
Judges
- TRAXLER
Court
- United States Fourth Circuit