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U.S. v. SPRINGER

No. 12-7687.

715 F.3d 535 (2013)

UNITED STATES of America, Petitioner-Appellant, v. Frederick SPRINGER, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 29, 2013.

Attorney(s) appearing for the Case

ARGUED: Benjamin M. Shultz , United States Department of Justice, Washington, D.C., for Appellant. Eric Joseph Brignac , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee. ON BRIEF: Stuart F. Delery , Acting Assistant Attorney General, Mark B. Stern , United States Department of Justice, Washington, D.C.; Thomas G. Walker , United States Attorney, Raleigh, North Carolina, for Appellant. Thomas P. McNamara , Federal Public Defender, G. Alan DuBois , Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge WYNN wrote the majority opinion, in which Judge KEENAN concurred. Judge WILKINSON wrote a dissenting opinion.

OPINION

WYNN, Circuit Judge:

This case involves the government's efforts to civilly commit Frederick Springer under the Adam Walsh Child Protection and Safety Act of 2006, No. 109-248, 120 Stat. 587 (the "Walsh Act"). The U.S. District Court for the Eastern District of North Carolina found Springer ineligible for civil commitment because the government failed to prove that Springer suffered from a serious mental illness under the Walsh Act and, even assuming...

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