U.S. v. BRONCHEAU

Nos. 10-7611, 10-7616, 10-7617, 10-7618, 10-7619, 10-7620, 10-7621, 10-7622, 10-7623.

645 F.3d 676 (2011)

UNITED STATES of America, Petitioner-Appellant, v. Donald BRONCHEAU, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Jeffrey Neuhauser, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Jerry T. Rogers, Respondent-Appellee. United States of America, Petitioner-Appellant, v. David Henry Tobey, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Scott Kevin Combe, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Mathias Thomas Kopp, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Edward David Erwin, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Patrick Caporale, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Kevin McGreevy, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 26, 2011.


Attorney(s) appearing for the Case

ARGUED: Samantha Lee Chaifetz , United States Department of Justice, Washington, D.C., for Appellant. G. Alan DuBois , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellees. ON BRIEF: Tony West , 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. Samuel A. Forehand , Samuel A. Forehand, P.A., Raleigh, North Carolina, for Appellee Rogers; Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for all other Appellees.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge GREGORY and Judge WYNN joined. Judge WYNN wrote a separate concurring opinion.


OPINION

KING, Circuit Judge:

In these consolidated appeals, we are called upon to resolve issues concerning the Adam Walsh Child Protection and Safety Act of 2006, specifically the civil commitment provisions codified at 18 U.S.C. § 4248. Invoking those provisions, the government initiated proceedings in the Eastern District of North Carolina seeking the civil commitment of the Respondents-Appellees—all prisoners in the custody of the Bureau...

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