United States v. Broncheau

645 F.3d 676, 2011 WL 2043956
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 26, 2011
Docket10-7611, 10-7616, 10-7617, 10-7618, 10-7619, 10-7620, 10-7621, 10-7622, 10-7623
StatusPublished
Cited by25 cases

This text of 645 F.3d 676 (United States v. Broncheau) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Broncheau, 645 F.3d 676, 2011 WL 2043956 (4th Cir. 2011).

Opinions

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge GREGORY and Judge WYNN joined. Judge WYNN wrote a separate concurring opinion.

OPINION

KING, Circuit Judge:

In these consolidated appeals, we are called upon to resolve issues concerning the Adam Walsh Child Protection and Safety Act of 2006, specifically the civil commitment provisions codified at 18 U.S.C. § 4248. Invoking those provisions, the government initiated proceedings in the Eastern District of North Carolina seeking the civil commitment of the Respondents-Appellees — all prisoners in the custody of the Bureau of Prisons (the “BOP”) — because the government has certified them as “sexually dangerous person[s].” After delays precipitated by related litigation challenging the constitutionality of § 4248, the district court collectively dismissed all nine proceedings. See United States v. Broncheau, 759 F.Supp.2d 682 (E.D.N.C.2010) (the “Dismissal Order”).1 The Dismissal Order reasoned that the proceedings had not been properly instituted because, with respect to prisoners whose sentences include a term of supervised release, § 4241 of Title 18, rather than § 4248, is “the proper way to initiate [civil commitment] proceedings under the Adam Walsh Act.” Id. at 15. The government has appealed, and, as explained below, we vacate the Dismissal Order and remand.

I.

We begin by identifying the applicable statutory provisions and briefly explaining the constitutional challenges to 18 U.S.C. § 4248 that have been heretofore resolved. We then set forth the relevant background of these proceedings.

A.

By the enactment of § 4248, Congress addressed the dangers associated with the release from custody of persons who, because of mental illness, are likely to have difficulty refraining from violent or dangerous sexual conduct. Section 4248 established a statutory mechanism whereby the United States may seek the civil commitment of a “sexually dangerous person” who is in federal custody, even when doing so detains the prisoner beyond the expiration of his sentence of imprisonment. See United States v. Comstock, — U.S.-, 130 S.Ct. 1949, 1961, 176 L.Ed.2d 878 (2010). A “sexually dangerous person” is defined as “a person who has engaged or attempted to engage in sexually violent conduct or child molestation and who is sexually dangerous to others.” 18 U.S.C. § 4247(a)(5). In turn, a person is “sexually dangerous to others” if he “suffers from a serious mental illness, abnormality, or disorder as a result of which he would have serious difficulty in refraining from sexually violent conduct or child molestation if released.” § 4247(a)(6).

In order to institute a § 4248 civil commitment proceeding, an authorized official must first certify that the prospective respondent is a “sexually dangerous per[680]*680son.” 18 U.S.C. § 4248(a).2 On the basis thereof, the government initiates a § 4248 commitment proceeding by filing the certification in the district court where the respondent is confined. See id. Three categories of sexually dangerous persons are eligible to be so certified: (1) persons “in the custody of the Bureau of Prisons”; (2) persons “committed to the custody of the Attorney General pursuant to section 4241(d)” on the basis of mental incompetency; and (3) persons “against whom all criminal charges have been dismissed solely for reasons relating to the mental condition of the person.” Id. These nine Respondents were each eligible for certification under the first of these three categories, that is, they were (and remain) in the custody of the BOP.

When a § 4248 certification is filed in the district court, the respondent’s release from custody is immediately stayed pending completion of the prescribed procedures. See § 4248(a). These procedures include, inter alia, a psychiatric or psychological examination of the respondent (if ordered by the district court pursuant to § 4248(b)), and a hearing conducted in accordance with 18 U.S.C. § 4247(d).3 If, after the hearing, the court finds by clear and convincing evidence that the respondent is a “sexually dangerous person,” it must “commit the person to the custody of the Attorney General.” § 4248(d). Such a respondent remains so committed until he is “no longer sexually dangerous to others.” § 4248(d).4

B.

The § 4248 civil commitment process has faced several constitutional challenges since its enactment. See, e.g., United States v. Volungus, 595 F.3d 1 (1st Cir.2010); United States v. Comstock, 551 F.3d 274 (4th Cir.2009) (“Comstock I”). In 2007, a district court in this Circuit struck down the commitment scheme of § 4248 on two constitutional grounds: that (1) Congress lacked the authority to enact § 4248; and (2) § 4248’s clear and convincing burden of proof contravened the Due Process Clause of the Fifth Amendment. See United States v. Comstock, 507 F.Supp.2d 522 (E.D.N.C.2007). On appeal, [681]*681we agreed with the district court that enactment of § 4248 exceeded congressional authority, without reaching the due process issue. See Comstock I, 551 F.3d at 276.

In May 2010, the Supreme Court reversed our Comstock I decision, holding that Article I of the Constitution conferred sufficient authority for Congress to enact § 4248. See Comstock, 130 S.Ct. at 1954 (recognizing that Constitution grants authority for Congress “to enact § 4248 as necessary and proper for carrying into Execution the powers vested by the Constitution” (internal quotation marks omitted)). The Court remanded for an assessment of the unresolved issue of whether § 4248’s clear and convincing burden of proof abridged a certified respondent’s Fifth Amendment due process rights. See id. at 1965. On December 6, 2010, we concluded that the burden of proof under § 4248 did not, on its face, offend the Fifth Amendment, and thus reversed the district court. See United States v. Comstock, 627 F.3d 513, 524-25 (4th Cir.2010) (“Comstock II”).

C.

The relevant facts underlying these consolidated appeals are substantially similar. The nine Respondents are incarcerated at the Federal Correctional Institute at Butner, North Carolina (“FCI-Butner”), and they were — when their respective certifications were made — about to be released from BOP custody and begin serving previously imposed terms of supervised release.5

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Bluebook (online)
645 F.3d 676, 2011 WL 2043956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-broncheau-ca4-2011.