U.S. v. COMSTOCK

Nos. 07-7671, 07-7672, 07-7673, 07-7674, 07-7675.

551 F.3d 274 (2009)

UNITED STATES of America, Petitioner-Appellant, v. Graydon Earl COMSTOCK, Jr., Respondent-Appellee. United States of America, Petitioner-Appellant, v. Shane Catron, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Thomas Matherly, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Marvin Vigil, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Markis Revland, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 8, 2009.


Attorney(s) appearing for the Case

ARGUED: Mark Bernard Stern, United States Department of Justice, Washington, D.C., for Appellant. Jane Ely Pearce, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellees. ON BRIEF: Jeffrey S. Bucholtz, Acting Assistant Attorney General, George E.B. Holding, United States Attorney, Jonathan F. Cohn, Deputy Assistant Attorney General, R.A. Renfer, Jr., Assistant United States Attorney, Samantha L. Chaifetz, United States Department of Justice, Washington, D.C., for Appellant. Thomas P. McNamara, Federal Public Defender, Lauren Brennan, Research and Writing Attorney, Eric Brignac, Research and Writing Attorney, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge AGEE and Senior Judge CACHERIS joined.


OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This case presents the question of whether a newly-enacted federal statute— 18 U.S.C. § 4248 (2006)—lies within Congress's power. Section 4248 purports to allow the federal government to place in indefinite civil commitment "sexually dangerous" persons, granting the federal government unprecedented authority over civil commitment—an area long controlled...

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