IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. UNITED STATES OF AMERICA, ) ) Petitioner, ) ) v. ) CERTIFICATION OF A ) SEXUALLY DANGEROUS PERSON SEAN FRANCIS, ) Register Number 82919-054, ) ) Respondent. ) The United States of America, by and through the United States Attorney for the Eastern District of North Carolina, hereby submits the attached Certification of a Sexually Dangerous Person pursuant to Title 18 U.S.C. § 4248(a). Respectfully submitted, this 2nd day of February, 2010. George E. B. Holding United States Attorney BY: /s/ Michael Bredenberg Michael Bredenberg Special Assistant U.S. Attorney Attorney for Petitioner U.S. Attorney’s Office Civil Division 310 New Bern Avenue Suite 800, Federal Building Raleigh, NC 27601-1461 Telephone: (919) 575-3900 x 6078 (919) 856-4309 FAX: (919) 856-4821 E-mail: [email protected] N.C. Bar # 26068 Case 5:10-hc-02013-BO Document 1 Filed 02/02/10 Page 1 of 2 CERTIFICATE OF SERVICE This is to certify that I have this 2nd day of February, 2010, served a copy of the foregoing upon the Respondent in this action by placing the documents in an envelope marked as stated below, and providing it to FCC Butner staff to deliver the envelope in hand to: Sean Francis Reg. No. 82919-054 FCI Butner and on the same day served a copy of the foregoing by placing a copy in the U.S. Mail, addressed as follows: Office of the Federal Public Defender 150 Fayetteville Street Mall Suite 450 Raleigh, North Carolina 27601 /s/ Michael Bredenberg Michael Bredenberg Special Assistant U.S. Attorney Attorney for Petitioner U.S. Attorney’s Office Civil Division 310 New Bern Avenue Suite 800, Federal Building Raleigh, NC 27601-1461 Telephone: (919) 575-3900 x 6078 (919) 856-4309 FAX: (919) 856-4821 E-mail: [email protected] N.C. Bar # 26068 Case 5:10-hc-02013-BO Document 1 Filed 02/02/10 Page 2 of 2 Case 5:10-hc-02013-BO Document 1-2 Filed 02/02/10 Page 1 of 4 Case 5:10-hc-02013-BO Document 1-2 Filed 02/02/10 Page 2 of 4 Case 5:10-hc-02013-BO Document 1-2 Filed 02/02/10 Page 3 of 4 Case 5:10-hc-02013-BO Document 1-2 Filed 02/02/10 Page 4 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. UNITED STATES OF AMERICA, ) ) Petitioner, ) ) v. ) ORDER ) SEAN FRANCIS, ) Register Number 82919-054, ) ) Respondent. ) At the request of the Director of the Bureau of Prisons, the government has filed a Certification of a Sexually Dangerous Person pursuant to 18 U.S.C. § 4248, in order for this court to hold a hearing to determine whether the Respondent is a sexually dangerous person as defined by 18 U.S.C. § 4247(a)(5). Respondent, having demonstrated eligibility for appointment of counsel at government expense, the Federal Public Defender IS DIRECTED to provide representation in this action. The Court further determines that the Respondent is unable to pay the fees of any witness, and pursuant to Federal Rule of Criminal Procedure 17(b) the Clerk shall issue a subpoena for any witness necessary to present an adequate defense to the pending charge or charges. The Court further ORDERS that the United States Marshal shall serve any subpoenas presented to him in this case by the office of the Federal Public Defender, and shall pay the Case 5:10-hc-02013-BO Document 1-3 Filed 02/02/10 Page 1 of 2 appropriate fees and expenses to witnesses so subpoenaed. Pursuant to 18 U.S.C. section 4247(b), the Court ORDERS the government to conduct a psychiatric or psychological examination of Respondent. Pursuant to this section, if the Respondent wishes to request an additional examiner, he shall request such by separate motion to this court. Any and all future forensic reports, and other such psychological and psychiatric reports or documents relevant to this case, whether such reports are produced by the Federal Bureau of Prisons, independent examiners appointed by order of this Court, or other mental health professionals, shall be filed with this Court under seal. The Court hereby notifies the parties that this case has been set for Hearing by videoconference at AM/PM on . The hearing shall be held in Courtroom #2, Seventh Floor, of the Terry Sanford Federal Building, 310 New Bern Avenue, Raleigh, North Carolina. This day of , 2010. W. EARL BRITT Senior U.S. District Judge 2 Case 5:10-hc-02013-BO Document 1-3 Filed 02/02/10 Page 2 of 2