United States v. Welsh (4th Cir. 2018)

US v Welsh, 879 F.3d 530 (4th Cir. 2018)

Nature of Case: Appellant was convicted of violating federal SORN requirements when he left the United States and moved to a foreign country and did not update his registration. Appellant was then sentenced, remanded to BOP custody, and ultimately civilly committed under § 4248 of the AWA. Subsequent to civil commitment, Appellant’s conviction was vacated by the Supreme Court’s decision in Nichols v. United States. Appellant sought relief from his ongoing commitment, contending that without a valid federal conviction, his civil commitment was also void. District court dismissed his petition, and Appellant sought review.

Holding:  4th Circuit Court of Appeals affirmed. Over dissent, the Court held that civil commitment of Appellant was valid, fact of vacated conviction notwithstanding.