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U.S. v. JOSHUA

No. 10-6281.

607 F.3d 379 (2010)

UNITED STATES of America, Petitioner-Appellant, v. Benjamin Barnard JOSHUA, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 14, 2010.

Attorney(s) appearing for the Case

ARGUED: Anisha S. Dasgupta, United States Department of Justice, Washington, D.C., for Appellant. Lisa Hertzer Schertler, Schertler & Onorato, LLP, Washington, D.C., for Appellee. ON BRIEF: Tony West, Assistant Attorney General, Beth S. Brinkmann, Deputy Assistant Attorney General, Mark B. Stern, United States Department of Justice, Washington, D.C.; George E.B. Holding, United States Attorney, R.A. Renfer, Jr., Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge GREGORY and Judge AGEE concurred.

OPINION

DUNCAN, Circuit Judge:

Section 4248 of Title 18, enacted in the Adam Walsh Child Protection and Safety Act of 2006, authorizes the civil commitment of "sexually dangerous" persons "in the custody of the Bureau of Prisons." 18 U.S.C. § 4248(a). The district court dismissed the government's petition for civil commitment under § 4248 upon finding that an individual convicted and sentenced by United States Army court-martial but housed within...

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