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U.S. v. ANTONE

No. 12-2400.

742 F.3d 151 (2014)

UNITED STATES of America, Petitioner-Appellee, v. Byron Neil ANTONE, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 4, 2014.

Attorney(s) appearing for the Case

ARGUED: Eric Joseph Brignac , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Michael Bredenberg , FMC Butner Federal Medical Center, Butner, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, G. Alan DuBois , Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant.

Thomas G. Walker , United States Attorney, R.A. Renfer, Jr. , Joshua B. Royster , Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Reversed and remanded with instructions by published opinion. Judge DAVIS wrote the opinion, in which Judge GREGORY and Judge WYNN joined.

DAVIS, Circuit Judge:

Respondent-Appellant Byron Neil Antone appeals the district court's order of his civil commitment under the Adam Walsh Child Protection and Safety Act of 2006 ("the Walsh Act"), codified at 18 U.S.C. §§ 4247-48. Four days before he was to be released from federal prison, an official of the Federal Bureau of Prisons certified Antone as a sexually dangerous person eligible for civil commitment. Upon referral of the ensuing proceedings...

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