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ECKER v. U.S.

Nos. 08-1508, 08-1509.

575 F.3d 70 (2009)

John Leonard ECKER, Plaintiff, Appellee/Cross-Appellant, v. UNITED STATES of America, Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided August 3, 2009.

Attorney(s) appearing for the Case

Kirby A. Heller, Attorney, U.S. Department of Justice, with whom Michael J. Sullivan, United States Attorney, and Mary Elizabeth Carmody and Mark T. Quinlivan, Assistant United States Attorneys, were on brief, for appellant.

Neil T. Smith, by Appointment of the Court, with whom Joseph F. Savage, Jr., and Goodwin Proctor LLP were on brief, for appellee.

Before TORRUELLA, STAHL, and HOWARD, Circuit Judges.

STAHL, Circuit Judge.

In this appeal, we are required to resolve the fate of John L. Ecker, who was charged with a federal crime and detained in 1989 and subsequently civilly committed in 1993, pursuant to 18 U.S.C. § 4246(d). For twenty years he has remained held in a federal mental health facility and has never been tried or convicted of the charged crime. The only federal charge against him, one count of being a felon in possession of a firearm, was dismissed...

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