United States v. De La Luz Perez, No. 13-6043 (4th Cir. 2014)
Annotate this CaseRespondent appealed the district court's order concluding that he was a sexually dangerous person under the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and committing him to the custody of the Attorney General. The court concluded that the procedure set forth in 18 U.S.C. 4248(a) for initiating proceedings for the civil commitment of a sexually dangerous person supplants the summons requirement set forth in Rule 4 of the Federal Rules of Civil Procedure. That the government has physical custody over the respondent in section 4248 civil commitment proceedings obviates the need for a summons. The court concluded that the government easily presented sufficient evidence to support the conclusion that, by clear and convincing evidence, respondent, as a result of his pedophilia, would have serious difficulty in refraining from child molestation if released. The court rejected respondent's remaining arguments. Accordingly, the court affirmed the judgment of the district court.
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