Affirmed by unpublished per curiam opinion.

*889 Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

Victor Bernard Perkins appeals the district court order and judgment summarily dismissing his complaint alleging that 18 U.S.C. § 4246 (2000) is unconstitutional. We affirm on the basis of the reasoning of the district court. See Perkins v. Bredenberg, No. CA-04-903-H (E.D.N.C. Feb. 1, 2005). We also deny Perkins’ motion for summary judgment and immediate release. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED