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U.S. v. COMSTOCK

Nos. 07-7671, 07-7672, 07-7673, 07-7674, 07-7675.

627 F.3d 513 (2010)

UNITED STATES of America, Petitioner-Appellant, v. Graydon Earl COMSTOCK, Jr., Respondent-Appellee. United States of America, Petitioner-Appellant, v. Shane Catron, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Thomas Matherly, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Marvin Vigil, Respondent-Appellee. United States of America, Petitioner-Appellant, v. Markis Revland, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 6, 2010.

Attorney(s) appearing for the Case

ARGUED: Mark B. Stern, United States Department of Justice, Washington, D.C., for Appellant. G. Alan DuBois, Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellees. ON BRIEF: Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jonathan F. Cohn, Deputy Assistant Attorney General, Samantha L. Chaifetz, United States Department of Justice, Washington, D.C.; George E.B. Holding, United States Attorney, R.A. Renfer, Jr., Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Thomas P. McNamara, Federal Public Defender, Jane E. Pearce, Assistant Federal Public Defender, Lauren Brennan, Research and Writing Attorney, Eric Brignac, Research and Writing Attorney, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellees.

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Chief Judge TRAXLER and Judge AGEE joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In these consolidated cases, we resolve identical constitutional challenges to the civil commitment provision of the Adam Walsh Child Protection and Safety Act of 2006 (the "Act")—18 U.S.C. § 4248 (2006).

Invoking the Act, the United States initiated these cases by asking the district court to order the civil commitment of five individuals—Graydon Comstock, Shane Catron, Thomas Matherly...

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