United States v. Timms, No. 11-6886

Decided: January 9, 2012

The Government appeals from the judgment of the district court dismissing the Government’s action to civilly commit Gerald Wayne Timms as a “sexually dangerous person” under 18 U.S.C. § 4248. The district court held that the statute, as applied to Timms, violated the Due Process and Equal Protection Clauses of the United States Constitution. Timms cross-appealed, asserting additional grounds upon which § 4248 should be found unconstitutional. The Fourth Circuit Court of Appeals reversed the district court’s judgment on the grounds that the Government raised, affirmed as to the grounds Timms raises, and remanded for the district court to determine whether Timms satisfied the criteria for commitment as a “sexually dangerous person.”

Full Opinion

-Sara I. Salehi

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