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U.S. v. LUCE, 5:11-HC-2030-FL. (2015)

Court: District Court, E.D. North Carolina Number: infdco20150129a82 Visitors: 15
Filed: Jan. 27, 2015
Latest Update: Jan. 27, 2015
Summary: ORDER LOUISE W. FLANAGAN, District Judge. By Order dated July 13, 2013, Respondent was committed to the custody of the Attorney General pursuant to 18 U.S.C. 4248. On July 15, 2014, the director of the facility in which Respondent is confined filed an annual review report in accordance with 18 U.S.C. 4247(e). [D.E. 147]. In the report, the forensic evaluator opined that respondent no longer meets criteria for commitment under 4248 because he no longer suffers from a mental illness, abnor
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ORDER

LOUISE W. FLANAGAN, District Judge.

By Order dated July 13, 2013, Respondent was committed to the custody of the Attorney General pursuant to 18 U.S.C. § 4248. On July 15, 2014, the director of the facility in which Respondent is confined filed an annual review report in accordance with 18 U.S.C. § 4247(e). [D.E. 147]. In the report, the forensic evaluator opined that respondent no longer meets criteria for commitment under § 4248 because he no longer suffers from a mental illness, abnormality or disorder that would cause him to have serious difficulty in refraining from child molestation if released to the community. [D.E. 147].

On January 20, 2015, the government filed a motion to unconditionally discharge Respondent from his civil commitment under § 4248, along with the Warden's Certification under § 4248(e) that Respondent no longer meets criteria for commitment as a sexually dangerous person.

Accordingly, IT IS HEREBY ORDERED, that Respondent be unconditionally discharged from civil commitment pursuant to 18 U.S.C. § 4248, and that this case be closed. Upon receipt and verification of this order of release, the Bureau of Prisons shall release Respondent after all release arrangements are complete.

Source:  Leagle

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