US v. Daniel Travi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:11-hc-02016-H-JG. Copies to all parties and the district court/agency. [999440677]. [13-6361]

Appeal: 13-6361

Doc: 46

Filed: 09/23/2014

Pg: 1 of 5

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6361

UNITED STATES OF AMERICA,
Petitioner - Appellee,
v.
DANIEL TRAVIS,
Respondent - Appellant.

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-02016-H-JG)

Submitted:

August 28, 2014

Decided:

September 23, 2014

Before SHEDD, AGEE, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mary Jude Darrow, LAW OFFICE OF MARY JUDE DARROW, Raleigh, North
Carolina, for Appellant.
Thomas G. Walker, United States
Attorney, R. A. Renfer, Jr., Assistant United States Attorney,
Michael E. Lockridge, Special Assistant United States Attorney,
Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-6361

Doc: 46

Filed: 09/23/2014

Pg: 2 of 5

PER CURIAM:
Daniel

Travis

appeals

the

district

court’s

order

committing him as a sexually dangerous person under the Adam
Walsh Child Protection and Safety Act of 2006 (the “Adam Walsh
Act”), 18 U.S.C. §§ 4247-4248.

Travis argues that the district

court erred in finding that he would have serious difficulty in
refraining from sexually violent conduct or child molestation if
released

because

evidence.

the

court

neglected

to

consider

relevant

We affirm.
The Adam Walsh Act allows for the civil commitment of

sexually dangerous individuals following the expiration of their
federal prison sentence.
sexually

dangerous,

convincing

evidence

the
that

To civilly commit an individual as
government
the

must

prove

individual:

(1)

by
has

clear
engaged

and
or

attempted to engage in child molestation; (2) currently suffers
from a serious mental illness, abnormality, or disorder; and (3)
as a result of the illness, abnormality, or disorder, would have
serious difficulty in refraining from sexually violent conduct
or child molestation if released.

18 U.S.C. §§ 4247(a)(5)-(6),

4248(d); United States v. Heyer, 740 F.3d 284, 291-92 (4th Cir.
2014).
On

appeal,

Travis

does

not

contest

the

district

court’s findings that he has engaged in child molestation in the
past

and

presently

suffers

from
2

a

serious

mental

illness,

Appeal: 13-6361

Doc: 46

Filed: 09/23/2014

abnormality, or disorder.

Pg: 3 of 5

He only contends that the district

court erred in finding that he would have serious difficulty in
refraining from sexually violent conduct or child molestation if
released.

Specifically,

he

argues

that

the

court

failed

to

consider relevant evidence that supported a contrary finding,
including Dr. Plaud’s opinion and the fact that Dr. Cunic did
not characterize Travis as a sexually dangerous person until her
most recent evaluation.
findings

for

clear

We review the district court’s factual

error

and

its

legal

conclusions

de

novo.

United States v. Hall, 664 F.3d 456, 462 (4th Cir. 2012).

When

the district court’s findings are based on its assessment of
conflicting expert testimony, this court is especially reluctant
to set aside the district court’s determinations.
F.3d at 292.
on

the

Heyer, 740

We will not reverse the district court’s holding

serious

difficulty

prong

unless

our

review

leaves

us

“with the definite and firm conviction that a mistake has been
committed.”

United States v. Antone, 742 F.3d 151, 165 (4th

Cir. 2014) (internal quotation marks omitted).
“The

question

of

whether

a

person

dangerous is by no means an easy one . . . .

is

sexually

In the end,

however, it is for the factfinder to decide among reasonable
interpretations

of

the

evidence

accorded to expert witnesses.”
quotation

marks

omitted).

and

determine

the

weight

Hall, 664 F.3d at 467 (internal

The
3

serious

difficulty

prong

of

Appeal: 13-6361

sexual

Doc: 46

Filed: 09/23/2014

dangerousness

volitional

impairment,

“refers

Pg: 4 of 5

to

which

the

degree

impacts

the

of

the

person’s

person’s

ability

refrain from acting upon his deviant sexual interests.”
463 (internal quotation marks omitted).

to

Id. at

The determination of a

particular individual’s risk of recidivism may rely not only on
actuarial tests, but also on factors such as the individual’s
participation in treatment, ability to control his impulses, and
commitment

to

controlling

his

behavior.

Id.

at

464.

Also

relevant are an individual’s resistance to treatment, continuing
“deviant

sexual

thoughts,”

and

“cognitive

distortions

and

thinking errors about the appropriateness of children as sexual
partners.”

United States v. Wooden, 693 F.3d 440, 462 (4th Cir.

2012).
Our review of the record leads us to conclude that the
district court did not err.

The court thoroughly described the

evidence and specifically noted Dr. Cunic’s initial reports that
opined that Travis did not meet the criteria for commitment.
The court also explained in great detail its weighing of the
experts’ opinions, its reasons for finding Dr. Plaud’s opinion
less persuasive than Dr. Arnold’s and Dr. Cunic’s opinions, and
its

consideration

court’s

conclusion

necessary

to

of

the

that

refrain

other
Travis

from

evidence
lacks

sexually

4

in

the

violent

the

case.

volitional
conduct

The

control
or

child

Appeal: 13-6361

Doc: 46

molestation

Filed: 09/23/2014

is

based

on

Pg: 5 of 5

the

factors

we

have

previously

recognized as relevant and is amply supported by the record.
Accordingly, we affirm the district court’s judgment.
We

dispense

contentions

with
are

oral

argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this court and argument would not aid the decisional process.

AFFIRMED

5