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U.S. v. MACLAREN

No. 16-6291.

866 F.3d 212 (2017)

UNITED STATES of America, Petitioner-Appellee, v. Donald MACLAREN, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 2, 2017.

Attorney(s) appearing for the Case

ARGUED: Eric Joseph Brignac , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Michael Lockridge , BUREAU OF PRISONS, Butner, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. John Stuart Bruce , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Diaz wrote the opinion, in which Chief Judge Gregory and Judge Duncan joined.

Donald Maclaren, who is civilly committed pursuant to the Adam Walsh Child Protection and Safety Act of 2006, 18 U.S.C. § 4248, appeals the district court's order denying his motion for a discharge hearing. Because we conclude that the district court applied an incorrect standard for determining whether someone confined...

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