DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

082345P.pdf   05/13/2009  United States  v.  Roger Dean Tom
   U.S. Court of Appeals Case No:  08-2345
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Judge Murphy, Author, with Melloy and Shepherd,
   Circuit Judges]
   Criminal case - criminal law. District court erred in finding 18 U.S.C.
   Sec. 4248 (the "Adam Walsh Act") was an unconstitutional exercise of
   Congress's powers under the Commerce Clause; Congress, having been
   empowered by the Commerce Clause to criminalize and punish the
   conduct of which defendant is guilty, has the ancillary authority under the
   Necessary and Proper Clause to provide for his civil commitment so that
   he may be prevented from its commission in the first place; 18 U.S.C.
   Sec. 4248 does not upset the delicate federal state balance mandated by
   the Constitution.