United States v. Broncheau
645 F.3d 676
| 4th Cir. | 2011Background
- Nine federal prisoners in BOP custody were certified as sexually dangerous under § 4248 and subject to civil-commitment proceedings, which stayed their release.
- District court dismissed the proceedings as improper because § 4241 should initiate civil commitment for prisoners with supervised-release terms.
- Comstock decisions (and related Timms) changed the legal landscape after dismissal, prompting vacatur/remand for proper consideration.
- § 4248 authorizes initiation by certification to the district court; three eligible categories exist, including prisoners in BOP custody.
- Respondents sought merits hearings; the district court stayed proceedings pending constitutional questions and then dismissed them, leading to this appeal.
- Court must determine proper initiation under § 4248 and how new authority affects the remaining proceedings on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper initiation of § 4248 proceedings | Bron/bron refused; government certified sexually dangerous persons in BOP custody | District court required § 4241 first; in pari materia reading | § 4248 initiation is explicit; § 4241 not required first for BOP prisoners |
| Role of in pari materia between §§ 4248 and 4241 | Read together to facilitate proceedings | In pari materia is inapplicable absent ambiguity | Dismissal Order erred; §§ 4248 and 4241 target different contexts and purposes |
| Canon of constitutional avoidance | Avoid constitutional questions by rewriting statute | Plain language controls; avoidance not applicable | Canon does not justify district’s alternative scheme |
| Remand vs vacate/affirm the dismissal | Vacate/remand to apply Comstock IITimms changes | Maintain dismissal | Vacate Dismissal Order and remand for appropriate proceedings |
Key Cases Cited
- United States v. Comstock, 130 S. Ct. 1949 (2010) (upheld congressional power to enact § 4248; addressed due process burden)
- United States v. Comstock, 627 F.3d 513 (4th Cir. 2010) (upheld Fifth Amendment burden not offended on its face)
- Timms v. Johns, 627 F.3d 525 (4th Cir. 2010) (vacated related precedent on due process concerns)