Opinion
No. 5:09-HC-2161-D.
September 19, 2011
ORDER
Lee Edward Shelton ("Shelton" or "respondent") is confined at the Federal Correctional Institution in Butner, North Carolina, awaiting a hearing on the government's petition for commitment under 18 U.S.C. § 4248 [D.E. 1]. On December 15, 2010, Shelton filed a motion to dismiss for lack of jurisdiction [D.E. 9]. On January 5, 2011, the government responded in opposition [D.E. 10]. On January 28, 2011, Shelton filed a motion for a hearing to determine the merits of the commitment action [D.E. 12]. On February 1, 2011, the court entered a scheduling order [D.E. 13], and on May 6, 2011, the court granted Shelton's motion for a hearing on the merits [D.E. 20]. The parties have commenced discovery, which is scheduled to conclude no later than December 2, 2011 [D.E. 40].
Shelton contends that the government's petition for his commitment should be dismissed because he was convicted under the District of Columbia Official Code. Mot. Dismiss 1-2. Therefore, Shelton argues that he was not "in the custody of the Bureau of Prisons" as required by 18 U.S.C. § 4248(a) to confer jurisdiction. Id. at 2-9. Another court in this district has considered and rejected the same arguments raised by Shelton. See United States v. Johnson, No. 5:09-HC-2045-BO, 2011 WL 2118108, at *3-6 (E.D.N.C. May 27, 2011) (unpublished). This court finds the reasoning of Johnson persuasive. Therefore, the court DENIES respondent's motion to dismiss [D.E.9].
SO ORDERED. This 16 day of September 2011.