The following excerpt is from Watkins v. U.S. Army, 837 F.2d 1428 (9th Cir. 1988):
23 I do not reach the question whether that distinction is relevant for purposes other than criminal law. Cf. Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962) (criminal penalties must be based on some act; they may not be inflicted merely on the basis of a person's condition).
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