United States v. Donald Maclaren

DIAZ, Circuit Judge:. Donald Maclaren, who is civilly committed pursuant to the Adam Walsh Child Protection and Safety Act of 2006, 18 U.S.C. § 4248, appeals the district court’s order denying his motion for a discharge hearing. Because we conclude that the district court applied an incorrect standard for determining whether someone confined pursuant to the Adam Walsh Act is entitled to a discharge- hearing, we vacate the court’s judgment and remand so that it can apply the correct standard in the first instance.

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In December 2009, the government certified Maclaren as a sexually dangerous…