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U.S. v. TIMMS

Nos. 11-6886, 11-6941.

664 F.3d 436 (2012)

UNITED STATES of America, Petitioner-Appellant, v. Gerald Wayne TIMMS, Respondent-Appellee. United States of America, Petitioner-Appellee, v. Gerald Wayne Timms, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 9, 2012.

Attorney(s) appearing for the Case

ARGUED: Ian James Samuel , United States Department of Justice, Washington, D.C., for the United States. Kearns Davis , Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, North Carolina, for Gerald Wayne Timms. ON BRIEF: Tony West , Assistant Attorney General, Mark B. Stern , United States Department of Justice, Washington, D.C.; Thomas G. Walker , United States Attorney, Raleigh, North Carolina, for the United States. Eric M. David , Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, North Carolina, for Gerald Wayne Timms.

Affirmed in part, reversed in part, and remanded by published opinion. Judge AGEE wrote the opinion, in which Chief Judge TRAXLER and Judge MOTZ concurred.

OPINION

AGEE, Circuit Judge:

The Government appeals from the judgment of the District Court for the Eastern District of North Carolina dismissing the Government's action to civilly commit Gerald Wayne Timms as a "sexually dangerous person" under 18 U.S.C. § 4248 ("§ 4248" or "the statute"). The district court held that the statute, as applied to Timms. violated the Due Process and Equal Protection...

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