US v. Comstock, 07-7671 - Criminal Law - U.S. Fourth Circuit
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US v. Comstock, 07-7671

District court's refusal to order civil commitment under the Adam Walsh Child Protection and Safety Act of 2006 reversed

In US v. Comstock, 07-7671, the district court's refusal to order the civil commitment of five individuals under the Adam Walsh Child Protection and Safety Act of 2006, on remand from the United States Supreme Court, is reversed and remanded as, defendants have not met their heavy burden of demonstrating that the "clear and convincing evidence" standard mandated by section 4248 renders the statute unconstitutional on its face, but rather, at the very least, the challenged provision has a plainly legitimate sweep.

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