United States v. Jeffrey Neuhauser
2014 U.S. App. LEXIS 4507
| 4th Cir. | 2014Background
- Jeffrey Neuhauser was convicted in 1999 of interstate travel to engage in sex with a minor and distribution of child pornography; sentenced to 109 months imprisonment plus five years supervised release.
- His scheduled prison release was June 6, 2007. On May 22, 2007 the Government certified him under the Adam Walsh Act (18 U.S.C. § 4248) as a "sexually dangerous person," which stayed his release pending civil-commitment proceedings.
- Neuhauser remained in BOP custody for Adam Walsh Act review from June 2007 through early 2012 while constitutional issues were litigated. After an evidentiary hearing, the district court declined to civilly commit him and he was released February 3, 2012.
- On June 6, 2012 Neuhauser moved to terminate his supervised release, arguing supervised release should have begun on June 6, 2007 (the end of his criminal sentence) because his subsequent confinement was civil, not "imprisonment."
- The district court held supervised release did not commence until he was actually freed from confinement (February 3, 2012) and denied relief; Neuhauser appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does supervised release commence under 18 U.S.C. § 3624(e)? | Neuhauser: supervised release begins on the date the criminal sentence expired (June 6, 2007); civil detention under § 4248 is not "imprisonment." | Government: supervised release begins when the person is freed from confinement; time in custody under § 4248 counts as imprisonment for § 3624(e). | The court held supervised release does not commence while the defendant remains in federal custody pending Adam Walsh Act proceedings; it begins when actually released from confinement. |
Key Cases Cited
- United States v. Johnson, 529 U.S. 53 (1999) (supervised release commences when an individual is freed from confinement)
- United States v. Buchanan, 638 F.3d 448 (4th Cir. 2011) (purpose of supervised release is rehabilitation and transition to community life)
- United States v. Mosby, 719 F.3d 925 (8th Cir. 2013) (held § 4248 detainee’s supervised release commences when freed from confinement)
- United States v. Turner, 689 F.3d 1117 (9th Cir. 2012) (contrary view: supervised release may begin on scheduled discharge date despite civil-commitment stay)
- United States v. Comstock, 560 U.S. 126 (2010) (upheld constitutionality of Adam Walsh Act and emphasized its connection to criminal confinement)