Legal Opinion

Tobey v. United States

District Court, D. Maryland

Decided June 29, 2011No. Civil Action No. DKC 10-1358. Criminal No. DKC 03-0151PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION

DEBORAH K. CHASANOW, District Judge.

A provision of the Adam Walsh Child Protection and Safety Act of 2006 empowers the government to certify a person in the custody of the Bureau of Prisons as “sexually dangerous.” 18 U.S.C. § 4248(a). Once certified, the individual must remain incarcerated — even after his originally sentenced prison term has ended — until a district court conducts a hearing. Id. At the hearing, the district court may either discharge or civilly commit the certified individual. Id. § 4248(d). One question generated by this scheme is simple: how does the…

2Cases cited25 opinions

  1. Hamdi v. RumsfeldSupreme Court of the United States · 2004
  2. International Union, United Mine Workers v. BagwellSupreme Court of the United States · 1994
  3. Johnson v. United StatesSupreme Court of the United States · 2000
  4. United States v. JohnsonSupreme Court of the United States · 2000
  5. McCreary County v. American Civil Liberties Union of Ky.Supreme Court of the United States · 2005

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3Cited by5 opinions

  1. United States v. Darrin MarandaCourt of Appeals for the Seventh Circuit · 2014
  2. United States v. Jeffrey NeuhauserCourt of Appeals for the Fourth Circuit · 2014
  3. Siguel v. King Farm Citizens Assembly, Inc.District Court, D. Maryland · 2024
  4. United States v. Marc TurnerCourt of Appeals for the Ninth Circuit · 2012
  5. United States v. Marc TurnerCourt of Appeals for the Ninth Circuit · 2012

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