United States v. Edgar Searcy

880 F.3d 116
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 18, 2018
Docket16-6833
StatusPublished
Cited by16 cases

This text of 880 F.3d 116 (United States v. Edgar Searcy) 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. Edgar Searcy, 880 F.3d 116 (4th Cir. 2018).

Opinions

DIAZ, Circuit Judge:

Edgar Joe Searcy appeals his civil commitment under the Adam Walsh Act, 18 U.S.C;- § 4248, He does not challenge the factual findings of the district court, but rather urges us to hold that the government initiated this civil commitment proceeding after the' applicable statute of limitations had lapsed. Searcy argues that the four-year “catch-all” statute of limitations Congress enacted for civil actions, see 28 U.S.C. § 1658(a), applies to civil .commitment proceedings under the Adam Walsh Act. Thus, says Searcy, by not filing a certification until more than a decade after his incarceration arid more than eight years after the passage of the Adam Walsh Act, the government initiated civil commitment proceedings too late. But, as we explain, 28 U.S.C. § 1658(a) doesn’t apply to civil commitment under the Adam Walsh Act. We therefore affirm the district court’s judgment.

I.

Edgar Joe Searcy .was convicted for using interstate commerce to engage in a sexual activity with a minor, in violation of 18 U.S.C. § 2422(b). On December 4, 2003, the district court sentenced him to a term of 180 months imprisonment followed by a three-year term of supervised release. Se-arcy was scheduled to be discharged from prison on June 25; 2016.

While Searcy was incarcerated, Congress passed the Adam Walsh Child Protection and Safety Act. See .Pub. L. No. 109-248, 120 Stat 587. Among other things, the'Act provides a mechanism for civil commitment of individuals in federal custody who are deemed to be sexually dangerous persons. 18 U.S.C. § 4248. On December 4,‘2015, as the end of Searcy’s sentence approached, the Bureaus,of Prisons certified Searcy as a sexually dangerous person and petitioned to have him civilly committed pursuant to the Act. The certification was based in part on Searcy’s current conviction, as well as prior state convictions in Florida and Kansas for sexual activity with a child; performing a lewd, lascivious, or indecent act upon a child under the age of sixteen; and exploitation of a child. '

As part of the certification process, the Bureau of Prisons conducted a psychological review and assessment of Searcy, which indicated diagnoses of pedophilic disorder, otherwise specified personality disorder with antisocial and narcissistic features, and moderate alcohol use disorder. The Bureau also performed a risk assessment of Searcy and concluded that based on “his prior offense conduct, sexual [119]*119preoccupation, deviant sexual interest,. offense-supportive attitude, lack of emotionally intimate relationships with adults, lifestyle impulsiveness, poor problem solving skills, resistance to rules and supervision, grievance/hostility and negative social influences,” Searcy would have “serious difficulty refraining from sexually violent conduct or child molestation if released.” J.A. 17-18.

Searcy moved to dismiss the civil commitment proceeding, arguing, among other things, that the four-year, catch-all statute of limitations in ,28 U.S.C. § 1658(a) required the government to commence civil commitment proceedings against him within four years after the enactment of the Adam Walsh Act. Generally speaking, § 1658(a) provides a four-year statute of limitations for federal civil actions where Congress has not specified one. Congress passed the Adam Wajsh Act while Searcy was incarcerated, so Searcy argued that the four-year clock began to run with the passage of the Act.

The district court denied the motion, holding that § 1658(a) “does not apply to respondent’s § 4248 proceeding” because the proceeding “is governed by the provisions of 18 U.S.C. § 4248,” under which “[t]he sole statutory precondition ... is that [Searcy] be in the custody of [the Bureau of Prisons], be civilly committed as mentally incompetent to stand trial under 18 U.S.C. § 4241(d), or have had all criminal charges against him dismissed solely for reasons relating to his mental condition.” J.A. 120. The district court also noted that because .the civil commitment inquiry is “primarily prospective, respondent’s argument that evidence became ‘stale,’ was ‘lost,’ or “watered down’ prior to his certification is without merit.” Id. (internal citation omitted).

The district court conducted a two-day hearing in which Searcy represented himself. The court heard testimony from four psychiatric experts, all of whom testified that Searcy satisfied the criteria-for. civil commitment. At the conclusion of the hearing, the district court found Searcy to be a sexually dangerous person and entered a judgment committing him to the.custody and care of the Attorney General “until such time that he is no longer a sexually dangerous person.” J.A. 495. This appeal followed. ;

II.

We are called upon to consider the relationship between two statutes: the civil commitment provisions of the'Adam Walsh Act, 18 U.S.C. § 4248, and the four-year catch-all statute of limitations, 28 U.S.C. § 1658(a). To understand' how these statutes interact, we' begin with an overview of each.

A.

Congress enacted-the Adam Walsh Child Protection and Safety Act of 2006 to “protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the memory of Adam Walsh and other child crime victims.” Pub, L. No. 109-248, 120 Stat 587.

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Bluebook (online)
880 F.3d 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-edgar-searcy-ca4-2018.