In federal government's attempt to commit a defendant under the Adam Walsh Child Protection and Safety Act, district court's holding that the government failed to make the necessary showing is affirmed in part, reversed in part and remanded where: 1) district court's determination that the statute is not facially unconstitutional is affirmed; and 2) the district court erred in holding that the government failed to establish that defendant met the mental condition element.
Appeal from the United States District Court for the District of Massachusetts
Decided January 15, 2010
Before: Boudin and Seyla, Circuit Judges, and Laplante, District Judge
Opinion: Boudin, Circuit Judge
For Appellant: Abby Wright and Samantha Chaifetz, Appellate Staff, Civil Division, Department of Justice, Tony West, Assistant Attorney General, Michael K. Loucks, Acting United States Attorney, and Mark B. Stern, Appellate Staff, Civil Division, Department of Justice
For Appellee: Judith H. Mizner, Assistant Federal Public Defender, Federal Defender Office