United States v. Cooke

565 Fed. Appx. 193 (2014)

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United States v. Cooke

United States Court of Appeals for the Fourth Circuit
565 Fed. Appx. 193 (2014)

  • Written by Liz Nakamura, JD

Facts

Randle Cooke (plaintiff) had three prior convictions for sexual offenses against minors. Cooke perpetrated all three offenses while paralyzed from the waist down. After Cooke was released following the third offense, federal agents found over 100 images of child pornography on his computer. Cooke pleaded guilty to possession and receipt of child pornography and was sentenced to 87 months in prison. Shortly before Cooke’s release date, the federal government (defendant) filed a petition under the Adam Walsh Act to have Cooke civilly committed as a sexually dangerous person. Cooke’s release from prison was stayed while the district court conducted an evidentiary hearing. At the hearing, the government presented evidence that Cooke refused sex-offender treatment and engaged in a relationship with a troubled 22-year-old fellow sex offender while in prison. Government psychological experts testified that Cooke suffered from hebephilia, which is a sexual attraction to adolescents, and that Cooke was highly likely to reoffend. Cooke testified that his only plan following release was to live with his mother and possibly seek counseling. Cooke minimalized or outright denied his prior sexually abusive behavior. Cooke’s psychological expert stated that Cooke’s hebephilia was not a diagnosable mental illness and that Cooke’s paralysis made him less likely to reoffend. The district court ruled that Cooke was a sexually dangerous person and ordered civil commitment. Cooke appealed, arguing that the government failed to prove Cooke was a sexually dangerous person.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Concurrence (Davis, J.)

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