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U.S. v. FRANCIS

No. 12-1205.

686 F.3d 265 (2012)

UNITED STATES of America, Petitioner-Appellant, v. Sean Robert FRANCIS, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 16, 2012.

Attorney(s) appearing for the Case

ARGUED: Ian James Samuel , United States Department of Justice, Washington, D.C., for Appellant. James Ryan Hawes , The Edmisten, Webb & Hawes Law Firm, Raleigh, North Carolina, for Appellee. ON BRIEF: Stuart F. Delery , Acting Assistant Attorney General, Mark B. Stern , United States Department of Justice, Washington, D.C.; Thomas G. Walker , United States Attorney, Raleigh, North Carolina, for Appellant. William Woodward Webb , The Edmisten, Webb & Hawes Law Firm, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Chief Judge TRAXLER and Judge MOTZ joined.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

This case began with the government's initiation of civil commitment proceedings against Sean R. Francis. The government certified that Francis, who had numerous criminal convictions based on his repeated conduct of placing threatening and obscene telephone calls, was a "sexually dangerous person," within the meaning of 18 U.S.C. § 4248. After conducting an evidentiary...

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