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U.S. v. TIMMS

No. 5:08-HC-02156-BO.

799 F.Supp.2d 582 (2011)

UNITED STATES of America, Petitioner, v. Gerald Wayne TIMMS, Respondent.

United States District Court, E.D. North Carolina, Western Division.

July 1, 2011.

Attorney(s) appearing for the Case

Edward D. Gray , G. Norman Acker, III , R.A. Renfer, Jr. , U.S. Attorney's Office, Michael James , Joshua B. Royster , U.S. Department of Justice, Raleigh, NC, Michael D. Bredenberg , Butner, NC, for Petitioner.

Raymond C. Tarlton , Tarlton McEnery LLP, Raleigh, NC, for Respondent.

ORDER

TERRENCE W. BOYLE, District Judge.

Before the Court is Respondent's Motion to Dismiss [DE 65]. The Motion is GRANTED IN PART and DENIED IN PART. As set forth below, the Court holds that the Adam Walsh Act, as applied to Respondent, is unconstitutional. This action is DISMISSED.

I. BACKGROUND

A. The Adam Walsh Child Protection and...

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