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U.S. v. TOM

No. 08-2345.

565 F.3d 497 (2009)

UNITED STATES of America, Petitioner-Appellant, v. Roger Dean TOM, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 13, 2009.

Attorney(s) appearing for the Case

Mark B. Stern, argued, Mark B. Stern and Samantha Lee Chaifetz, on the brief, Washington, DC, for appellant.

Caroline Durham, AFPD, argued, Caroline Durham, AFPD and Katherine M. Menendez, AFPD, on the brief, Minneapolis, MN, for appellee.

Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

MURPHY, Circuit Judge.

Roger Dean Tom pled guilty to one count of aggravated sexual abuse of a minor and was sentenced by the district court to 120 months imprisonment and 60 months supervised release. Two days before the end of his prison term the United States filed a petition under 18 U.S.C. § 4248 to have him civilly committed as a "sexually dangerous person." The district court granted Tom's motion to dismiss the petition after concluding that the authorizing...

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