United States of America v. Michael D. Camiscione
requested more information about Camiscione. The district court also expressed concern about
Camiscione’s mental condition and his safety if incarcerated. In response to the district court’s
unreadiness, Camiscione filed a motion for psychological evaluation at the government’s expense
which identified a psychiatrist. The government objected to the selected psychiatrist and
recommended Camiscione be evaluated by the Federal Correctional Institute in Butner, North
Carolina, a federal facility designed for such evaluations. Additionally, and in response to the
district court’s concern over Camiscione’s safety if incarcerated, the government offered a letter from
Dr. Andres Hernandez, Director of the Sex Offense Program at the Federal Correctional Institute in
Butner, North Carolina, stating that “incidents of violence among sex offenders in the federal system
is extremely low.” (J.A. 34).
On June 10, 2005, the district court granted Camiscione’s motion for psychological
evaluation, and on July 5, 2005, Camiscione was admitted to the Federal Medical Center (“FMC”)
in Butner, North Carolina. The district court directed that Camiscione be evaluated regarding his
susceptibility to coercion, his possible diminished intellectual functioning, his ability to function as
an independent adult, and any evidence that Camiscione is pedophilic and may act on those
impulses. On September 12, 2005, after completing a forensic evaluation of Camiscione, the FMC
issued its findings to the district court. Contrary to the diagnosis of Dr. Pallas and the report of Dr.
Smith, the FMC deemed Camiscione to be suffering from pedophilia and not Sexual Disorder NOS.
In particular, the FMC concluded that Camiscione is of average intelligence, with no indication of
diminished intellectual functioning, is capable of functioning as an independent adult, and is not
unduly susceptible to coercion. The FMC added that the prior diagnosis of Camiscione “appear[s]