No. 12-8107
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Malcolm J. Howard,
Senior District Judge. (5:11-hc-02137-H-JG)
Submitted:
Decided:
PER CURIAM:
This
appeal
arises
under
the
Adam
Walsh
Child
2013)
(the
Walsh
Act).
The
Walsh
Act
provides
that
sexually
dangerous
may
be
committed
civilly
the
district
courts
order,
the
United States v.
after
following
hearing,
We affirm.
I
Cox
first
claims
that
the
district
court
erred
in
(PSR)
without
affording
cross-examine
witnesses
report.
effectively
Cox
inadmissible
hearsay
about
and
Cox
the
contends
its
factual
that
admission
the
the
opportunity
accuracy
PSR
violated
to
of
the
constituted
Crawford
v.
recently
rejected
commitment
proceeding
similar
under
argument
the
Walsh
in
case
Act.
In
Cir. 2013), we found that the PSR was properly admitted under
Fed. R. Evid. 803(8).
Id. at *4.
commitment
under
the
Walsh
Act
is
authorized
Under
quotation
4247(a)(5)-(6).
marks
omitted);
see
18
U.S.C.
In particular, Cox
concerning
his
medical
condition
issues
and
prison
record
and
his
refraining
constitute
significant
We review the
district courts factual findings for clear error and its legal
conclusions de novo.
this
conclusion.
While
it
is
true
that
the
court
is
particularly
contradicting
expert
so
here,
where
testimony
that
there
was
neither
no
Coxs
evidence
limited
overcame
overwhelming
evidence
4
that
Cox
met
the
of
his
re-offending
because
his
prior
hands-on
As for Coxs
have
access
to
his
preferred
victim
pool
(prepubescent
district
Government
courts
finding
that
the
established
the