US v. Volungus, No. 09-1596

District court's holding that Congress lacked constitutional authority to enact a provision under the Adam Walsh Child Protection and Safety Act, which provides for the civil commitment of a sexually dangerous person already in federal criminal custody in lieu of release upon service of full sentence, is reversed and remanded as the provision comes within the legitimate scope of congressional power conferred by the Necessary and Proper Clause of the federal Constitution.   

Read US v. Volungus, No. 09-1596

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided January 5, 2010

Judges

Before: Boudin and Seyla, Circuit Judges, and Laplante, District Judge

Opinion by  Seyla, Circuit Judge

Counsel

For Appellant:  Samantha L. Chaifetz, US Department of Justice, Civil Division

For Appellee:     Judith H. Mizner, Assistant Federal Public Defender