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U.S. v. WHITE

No. 19-6181.

927 F.3d 257 (2019)

UNITED STATES of America, Petitioner-Appellant, v. Oliver Lee WHITE, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 18, 2019.

Attorney(s) appearing for the Case

ARGUED: Benjamin M. Shultz , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. Jaclyn Lee DiLauro , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellee. ON BRIEF: Joseph H. Hunt , Assistant Attorney General, Mark B. Stern , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Robert J. Higdon, Jr. , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellant. G. Alan DuBois , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellee.

Reversed and remanded with instructions by published opinion. Judge Niemeyer wrote the opinion, in which Judge Diaz and Judge Richardson joined.

With its filing of a certificate in the district court that Oliver White is a "sexually dangerous person," the government commenced this civil proceeding under 18 U.S.C. § 4248 to commit White to the custody of the Attorney General. After ordering and receiving a mental examination of White, the district court found...

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