Matherly v. Andrews, No. 14-7691 (4th Cir. 2016)
Annotate this CasePetitioner appealed the district court's grant of summary judgment to the government on his petition for habeas relief under 28 U.S.C. 2241. Petitioner challenges his prior civil commitment as a “sexually dangerous person” under the Adam Walsh Child Protection and Safety Act of 2006, 18 U.S.C. 4248. The court concluded that Congress sufficiently expressed its intent that the Adam Walsh Act apply to all persons in the BOP’s custody who would pose a current threat to the public if released. Therefore, the court affirmed the district court’s grant of summary judgment to the government on petitioner’s retroactivity claim. The court concluded that, although the BOP records submitted by petitioner, even if they had been authenticated, are insufficient to demonstrate that the BOP relinquished its legal authority over him prior to the government’s filing of the section 4248 certificate, they are also largely unexplained. Accordingly, the court reversed the district court's grant of summary judgment on petitioner's claim that he was not “in the custody” of the BOP when the section 4248 proceedings were initiated, and remanded for further proceedings on this issue.
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