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United States v. Neuhauser

United States Court of Appeals, Fourth Circuit

March 11, 2014

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
JEFFREY CISSEL NEUHAUSER, Defendant - Appellant

Argued January 29, 2014.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. (8:99-cr-00189-AW-1). Alexander Williams, Jr., District Judge.

ARGUED:

Susan Amelia Hensler, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Baltimore, Maryland, for Appellant.

Kristi Noel O'Malley, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.

ON BRIEF:

James Wyda, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Baltimore, Maryland, for Appellant.

Rod J. Rosenstein, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Before MOTZ, KING, and DIAZ, Circuit Judges. Judge Motz wrote the opinion, in which Judge King and Judge Diaz joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Shortly before his term of imprisonment on child sex offenses ended, Jeffrey Neuhauser received notification that the Government had certified him as a " sexually dangerous person" under the Adam Walsh Child Protection and Safety Act, 18 U.S.C. § 4248. The certification stayed

Page 126

his release from prison, where he remained confined in civil detention pending the resolution of his status. The district court ultimately concluded that the Government had not proven Neuhauser to be a " sexually dangerous person" and so ordered his release from prison. Neuhauser then moved to terminate the term of supervised release that had been imposed in conjunction with his term of imprisonment. He asserted that his term of supervised release began when his term of imprisonment ended, and thus, his supervised release ran throughout the time he spent in civil detention. The district court denied the motion, holding that Neuhauser's term of supervised release did not begin until he was freed from confinement. For the reasons that follow, we affirm.

I.

In September 1999, Neuhauser pled guilty to one count of interstate travel with intent to engage in sex with a minor and one count of distribution of child pornography. See 18 U.S.C. ยง 2423(b) and 2252(a)(1). The court sentenced him to 109 months imprisonment and an additional five years of supervised release. The Bureau of Prisons (" BOP" ) set a release date ...


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