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Name: U. S. v. Streich
Case #: 07-30105
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/09/2009

The issue regarding the effect of information contained in a sentencing report on a potential future civil commitment is not ripe and a claim that the court erred by not excising it will not be judicially considered. By his plea, appellant was convicted sexual abuse of a minor under federal law. At the sentencing hearing, defense counsel objected to inclusion in the probation-sentencing report of information obtained from appellant’s treatment records stemming from a previous conviction for a sexual offense, separate from the instant offense. The district court found that appellant validly consented to release of the records and excision was unnecessary. The basis for counsel’s objection was, in part, that the records would significantly prejudice appellant in a possible civil-commitment action under the Adam Walsh Act. The appellate court declined to consider the issue, finding that the claim was not ripe as it involved a future contingent event that may not occur as anticipated, or not occur at all.