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Legal Opinion

United States v. Abregana

District Court, D. Hawaii

Decided August 22, 2008No. Civil 07-00385 HG-BMKPublishedCited by 8 opinions

1Opinion of the Court

HELEN GILLMOR, Chief Judge.

I. Respondent’s Motion to Dismiss No. 1 (On the Ground that Congress Exceeded Its Constitutional Authority in Enacting 18 U.S.C. Section 4248) is DENIED;

II. Respondent’s Motion to Dismiss No. 2 (On the Ground That Section 4248 Violates the Constitution’s Ex Post Facto, Double Jeopardy, and Cruel and Unusual Punishment Clauses) is DENIED;

III. Respondent’s Motion For An Order Requiring the Government to Establish the Criteria for Commitment Beyond a Reasonable Doubt is DENIED;

IV. Respondent’s Motion for an Order Regarding the Applicability of the Fifth and Sixth…

2Cases cited69 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. In Re WINSHIPSupreme Court of the United States · 1970
  4. United States v. SalernoSupreme Court of the United States · 1987
  5. Grayned v. City of RockfordSupreme Court of the United States · 1972

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3Cited by8 opinions

  1. United States v. Gerald TimmsCourt of Appeals for the Fourth Circuit · 2012
  2. United States v. ComstockCourt of Appeals for the Fourth Circuit · 2009
  3. State v. FarnsworthAppellate Division of the Supreme Court of the State of New York · 2010
  4. Merryfield v. StateCourt of Appeals of Kansas · 2010
  5. United States v. TomCourt of Appeals for the Eighth Circuit · 2009

3 more not listed; retrieve them via the Exa API.

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