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07-385 - United States of America v. Abregana


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07-385 - United States of America v. Abregana
August 22, 2008
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ORDER re 51. Signed by JUDGE HELEN GILLMOR on 8/22/08. "(1) Respondents Motion to Dismiss No. 1 (On the Ground that Congress Exceeded Its Constitutional Authority in Enacting 18 U.S.C. Section 4248) (Doc. 31) is DENIED. (2) Respondents Motion to Dismiss No. 2 (On the Ground That Section 4248 Violates the Constitution's Ex Post Facto, Double Jeopardy, and Cruel and UnusualPunishment Clauses) (Doc. 32) is DENIED. (3) Respondents Motion For An Order Requiring the Government to Establish the Criteria for CommitmentBeyond a Reasonable Doubt (Doc. 34) is DENIED. (4) Respondents Motion for an Order Regarding the Applicability of the Fifth and Sixth Amendments in aSection 4248 Proceeding (Doc. 30) is DENIED. (5) Respondents to Motion Dismiss No. 3 (On the Ground That Sections 4247(a)(5), 4247(a)(6), and 4248 Are Voidfor Vagueness) (Doc. 33) is DENIED."(gls, ).
August 22, 2008
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION. Signed by JUDGE HELEN GILLMOR on 8/22/08. "9. The Court, having considered all of the testimony andevidence, including the expert reports and their conflicting diagnosis and prognosis, finds that the United States has not proven, by clear and convincing evidence, that Abregana would have serious difficulty in refraining from committing acts of child molestation. The Court orders that Abregana be discharged."(gls, )