In a habeas corpus action, challenging petitioner's prior civil commitment as a "sexually dangerous person" under the Adam Walsh Child Protection and Safety Act, 18 U.S.C. section 4248, the district court's grant of summary judgment to the government is: 1) affirmed as to retroactivity because the Act does not operate retroactively; and 2) reversed and remanded for further proceedings as to whether petitioner was in the custody of the Bureau of Prisons when the government began section 4248 proceedings against him.