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United States v. Savage

United States Court of Appeals, Fourth Circuit

December 10, 2013

UNITED STATES of America, Petitioner-Appellee,
v.
Richard SAVAGE, Respondent-Appellant.

Argued Oct. 30, 2013.

Page 305

ARGUED:

Jeffrey William Gillette, Gillette Law Firm, PLLC, Raleigh, North Carolina, for Appellant.

Michael Bredenberg, FMC Butner, Federal Medical Center, Butner, North Carolina, for Appellee.

ON BRIEF:

Thomas G. Walker, United States Attorney, R.A. Renfer, Jr., Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Before WILKINSON, AGEE, and KEENAN, Circuit Judges.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge WILKINSON and Judge KEENAN concur.

AGEE, Circuit Judge.

Richard Savage appeals from the judgment of the United States District Court for the Eastern District of North Carolina civilly committing him as a " sexually dangerous person" under 18 U.S.C. § 4248. Savage contends that the district court lacked jurisdiction under this statute because, as a District of Columbia offender, he was not " in the custody of the Bureau of Prisons" (" BOP" ) as required by § 4248(a). He separately argues that the district court erred in committing him because he should have been released to the District of Columbia under § 4248(d). For the reasons set forth below, we affirm the district court's judgment.

I. Factual and Procedural Background

In 2006, Savage, who has a history of repeated sexual and nonsexual offenses, pled guilty and was convicted of distributing heroin in violation of the District of Columbia Code (" D.C. Code" ). Savage served his thirty-six-month sentence for that offense in the BOP facility in Butner, North Carolina. Before his scheduled release date for that offense, the Government timely certified Savage as a " sexually dangerous person" under § 4248(a) on December 18, 2008. The next day, the district court stayed the civil commitment proceedings, noting that had been the consistent practice in other § 4248 proceedings brought while appeals were pending in United States v. Comstock, 507 F.Supp.2d 522 (E.D.N.C.2007), aff'd, 551 F.3d 274 (4th Cir.2009), and rev'd and remanded, 560 U.S. 126, 130 S.Ct. 1949, 176 L.Ed.2d 878 (2010), on remand, rev'd and remanded, 627 F.3d 513 (4th Cir.2010).

Unaware of the pending civil commitment proceedings in April 2010, the District of Columbia Court Services and Offender Supervision Agency (" CSOSA" ) inquired as to Savage's anticipated release into the District of Columbia upon the completion of his criminal sentence. When CSOSA contacted the BOP regarding Savage's status, the BOP explained that Savage had ...


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