UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:11-HC-2210-BO UNITED STATES OF AMERICA Petitioner, v. SETTLEMENT AGREEMENT MICHAEL MCBRIDE, Respondent. WHEREAS the United States, Petitioner, certified Michael McBride, Respondent, as a sexually dangerous person on October 27, 2011; and WHEREAS an initial certification of sexually dangerous person was based determining upon a Bureau that Respondent of Prisons' met all the forensic evaluation criteria for commitment as a sexually dangerous person under 18 U.S.C. in that: civil ? 4248 (1) Respondent previously engaged or attempted to engage in sexually violent conduct or child molestation, as evidenced by his prior Marine court-martial Corps Air California (No. Ground 07-93), Combat Center, convened Twenty-nine at palms, for engaging in sexual conduct with five male victims under the age of ten and was sentenced to thirty-five years imprisonment, suspended to twenty years imprisonment; respondent was also convicted under 198 U.S.C. ?2250(a) on January 4, 2009 for conviction failure to register as respondent is ordered a sex offender, serve from which thirty-six months Case 5:11-hc-02210-BO Document 28 Filed 05/21/12 Page 1 of 5 imprisonment and to have lifetime supervised release; (2) Respondent currently suffers from Pedophilia; and (3) as a result of his serious mental illness, abnormality or disorder, Respondent would have serious difficulty in refraining from sexually violent conduct or child molestation if released; and WHEREAS an additional forensic evaluator initially determined that Respondent met the same criteria for civil commitment, but after obtaining additional information in the course of a forensic interview, given determined that he would not meet the third element his amenability to treatment and a lifetime term of supervised release; and WHEREAS Respondent's additional evaluator also determined that Respondent did not meet the third element; and WHEREAS based upon the foregoing concurrence of two additional evaluators that Respondent does not meet the criteria for civil commitment, the parties have agreed to settle and conclude this matter; IT IS THEREFORE AGREED between the parties, the united States of America, by and through the United States Attorney for Eastern District of North Carolina, through his counsel of record, and Michael McBride, Katherine Shea, the by and that this matter should be concluded in accordance with terms and conditions of this agreement as follows: Case 5:11-hc-02210-BO Document 28 Filed 05/21/12 Page 2 of 5 1. This agreement constitutes the full and complete record of the agreement of this matter. agreement There are no other terms of this in addition to or different from the terms contained herein. 2. Respondent admits and stipulates that the United States lawfully certified him as a sexually dangerous person under the Adam Walsh Act, procedures statute codified established was Comstock, as 130 upheld S. Ct. in as in 18 u. S . C. 18 U.S.C. ? constitutional 1949 (2010), ? 4248 4248(a) in pursuant and United that to said States v. and again on remand to the Fourth Circuit of Appeals, in United States v. Comstock, 627 F.3d 513 (4th Cir. 2010). 3. Respondent admits and stipulates that the criminal judgment against him in the matter of United States of America v. Michael McBride, New Hampshire, in the u. S. District Court? for the District of Docket No. i rn2()sed uJ20n him a 1:09-cr-119-01-PF on January 5, Lt!=~_~~:r.:~_ , ()X__~:tJ:2~~:iE)ed 2009, release .P..__~OPY of the criminal judgment is attached to the proposed motion to dismiss as Exhibit B. 4. Respondent agrees and promises that, in consideration of the Government's agreement to voluntarily dismiss this action with prejudice, he will not collaterally attack the order of supervised release contained Respondent further in the agrees and criminal consents judgment to the against release him. of Case 5:11-hc-02210-BO Document 28 Filed 05/21/12 Page 3 of 5 all forensic psychological evaluations and other related materials, wi thin the BOP system of records or part of the record of this case, to the appropriate United States Probation Office for the purpose of coordinating psychological, psychiatric, and other mental health treatment pursuant to the terms of his supervised release. 5. Petitioner agrees and promises that, in consideration of Respondent's admissions and stipulations set out in Paragraphs 2 through 3 above and Paragraph 4 above, Respondent's agreements the United States will Federal Rule of Civil Procedure 41, and file a promises in motion under asking the Court to dismiss this action with prej udice and to lift the stay on Respondent's release from imprisonment. 6. Petitioner and Respondent jointly request that the Court conduct a hearing to inquire of counsel Respondent, and Respondent's counsel for the United States, whether each of pers~e:J:~~_~nditions this settlement agreement have been entered and them of undertaken knowingly and voluntarily after having had adequate opportunity to seek counsel. Case 5:11-hc-02210-BO Document 28 Filed 05/21/12 Page 4 of 5 Respectfully submitted, this the 3rd day of April, 2012. THOMAS G. WALKER UNITED STATES ATTORN Y BY: ~4~ MATTHEW L. FESAK Assistant U.S. Attorney MICHAEL MCBRIDE Respondent ~A-e-~ KATHERINE SHEA Attorney for Respondent APPROVED, this U day of __- - - - ' - - H - - - - - , 2012. T RRENCE W. BOYLE United States Distric Case 5:11-hc-02210-BO Document 28 Filed 05/21/12 Page 5 of 5