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U.S. v. VOLUNGUS

No. 09-1596.

595 F.3d 1 (2010)

UNITED STATES of America, Petitioner, Appellant, v. John Charles VOLUNGUS, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 8, 2010.

Attorney(s) appearing for the Case

Samantha L. Chaifetz, Attorney, Appellate Staff, Civil Division, United States Department of Justice, with whom Tony West, Assistant Attorney General, Michael K. Loucks, Acting United States Attorney, Beth S. Brinkmann, Deputy Assistant Attorney General, and Mark B. Stern, Attorney, Appellate Staff, were on brief, for appellant.

Judith H. Mizner, Assistant Federal Public Defender, for appellee.

Before BOUDIN and SELYA, Circuit Judges, and LAPLANTE, District Judge.

SELYA, Circuit Judge.

We are called upon to determine the constitutionality of a provision of the Adam Walsh Child Protection and Safety Act (Walsh Act), Pub.L. No. 109-248, 120 Stat. 587 (2006), a recently enacted federal law that provides in pertinent part for the civil commitment of a sexually dangerous person already in federal criminal custody in lieu of that person's release upon service of his full sentence. Id. § 320, 120 Stat. at 619-22, codified...

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