IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. UNITED STATES OF AMERICA, Petitioner, v. JOSEPH EDWARDS, Register Number 48598-008, Respondent. ) ) ) ) ) ) ) ) ) ) CERTIFICATION OF A SEXUALLY DANGEROUS PERSON 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 1st day of July, 2008. George E. B. Holding United States Attorney BY: /s/ Michael Bredenberg Michael Bredenberg Special Assistant U.S. Attorney 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 N.C. Bar # 26068 Case 5:08-hc-02095-BO Document 1 Filed 07/01/08 Page 1 of 2 CERTIFICATE OF SERVICE This is to certify that I have this 1st day of July, 2008, 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: Joseph Edwards Reg. No. 48598-008 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 Civil Division Case 5:08-hc-02095-BO Document 1 Filed 07/01/08 Page 2 of 2 CERTIFICATION OF A SEXUALLY DANGEROUS PERSON (1) I, Anthony A. Jimenez, am Chairperson of the Federal Bureau of Prisons (Bureau) Certification Review Panel, Washington, D.C. Pursuant to 28 C.F.R. 0.97, the Director of the Bureau has delegated to me the authority to certify persons in Bureau custody as sexually dangerous, as authorized by 18 U.S.C. 4248(a). (2) Bureau records reflect the following: Inmate Joseph Aaron Edwards, Register Number 48598-008, is in Bureau custody at the Federal Correctional Institution, Butner, North Carolina, in service of an 84-month term of imprisonment and a five-year term of supervised release, following his conviction for Crime on an Indian Reservation: Aggravated Sexual Abuse, in violation of 18 U.S.C. 1153 and 18 U.S.C. 2244(a) (1) (D. Ariz.) (Case No. CR His offense conduct included hitting a 15-year-old girl in the head with a rock, kicking and hitting the victim, dragging the victim by her hair down an embankment, covering the victim's mouth with his hand, tearing off her panties, and raping her. After the assault, inmate Edwards threatened to kill the victim and have his friends assault her family members if she reported the attack. His projected release date is July 6, 2008. Page 1 of 3 Case 5:08-hc-02095-BO Document 1-2 Filed 07/01/08 Page 1 of 3 (3) Based on a review of his Bureau records, I certify he is a sexually dangerous person as defined by 18 U.S.C. 4247(a)(5), and sexually dangerous to others as defined by 18 U.S.C. 4247(a)(6). My certification is based on information found in Bureau records which includes, but is not limited to, the following: He previously engaged or attempted to engage in sexually violent conduct or child molestation as evidenced by his current offense conduct. Additionally, he was previously adjudicated delinquent for Aggravated Assault, in the Juvenile Court of Navajo County, Arizona (Case No. JV99000O95A), for following an adult female while she was shopping, grabbing her buttocks, chasing the victim when she attempted to get away, pressing her against the door of a store, and fondling her breasts and genitalia; A limited review indicated the following: Axis I diagnosis of Alcohol Abuse; Axis II diagnosis of Antisocial Personality Disorder; An initial assessment of him using two actuarial risk assessment instruments (Static-99 and Rapid Risk Assessment for Sexual Offense Recidivism was conducted. These results, in addition to his current and prior offense conduct, failure in sex offender treatment, and ongoing potential for relapse of drug/alcohol use, Page 2 of 3 Case 5:08-hc-02095-BO Document 1-2 Filed Page 2 of 3 indicate he will have serious difficulty refraining from sexually violent conduct or child molestation if released. Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief. f' grain, 2, 3 /5 Anthony] Date Chairpersoni/ Certification Review Panel Federal Bureau of Prisons Page 3 of 3 Case 5:08-hc-02095-BO Document 1-2 Filed Page 3 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. UNITED STATES OF AMERICA, Petitioner, v. JOSEPH EDWARDS, Register Number 48598-008, Respondent. ) ) ) ) ) ) ) ) ) ) ORDER 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 appropriate fees and expenses to witnesses so subpoenaed. Case 5:08-hc-02095-BO Document 1-3 Filed 07/01/08 Page 1 of 2 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. The Court hereby notifies the parties that this case has been set for Hearing by videoconference at on . AM/PM 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 , 2008. W. EARL BRITT Senior U.S. District Judge 2 Case 5:08-hc-02095-BO Document 1-3 Filed 07/01/08 Page 2 of 2