United States v. Shields, No. 09-1330 (1st Cir. 2011)Annotate this Case
Defendant has a long history as a victim and as a perpetrator of sexual abuse and was convicted in 2002, for possession of child pornography. In 2006, a day before his scheduled release from custody, the Bureau of Prisons filed a petition to have defendant civilly committed as a "sexually dangerous person" under 18 U.S.C. 4248. The court ordered commitment. The First Circuit affirmed, first rejecting a challenge to the constitutionality of the Adam Walsh Act. Rejecting an argument that defendant was not legally "in custody" because he should have been released a day earlier, the court stated that serious danger to
interpret the Act to mandate release of a potentially dangerous individual due to a de minimis mistake in the timing of initiating the commitment process would be manifestly inconsistent with its intent. The determination that defendant is sexually dangerous was well-supported.
The court issued a subsequent related opinion or order on August 30, 2011.