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7th Circuit addresses sex offender registration law

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The 7th Circuit Court of Appeals has joined a majority of other circuits nationwide in finding that the federal sex offender registration law is not a retroactive punishment on those who were convicted prior to 2006 and traveled after the law was enacted.

But whether or not the 7th Circuit’s ruling or any of the others remain intact is a question the Supreme Court of the United States may soon answer, since it’s granted certiorari in a case that examines whether sex offenders convicted before that 2006 law took effect can be required to follow registration requirements for any travel after the fact.

The 7th Circuit ruled today on United States v. Donald Leach, No. 10-1786, from the Northern District of Indiana. The three-judge appellate panel affirmed a ruling by U.S. Judge Robert Miller that involves a convicted sex offender who moved out of state in 2008.

Convicted on a Class C child molestation felony in 1990, Donald Leach was released from prison in 1994, but he failed to register under Indiana’s first registration law which was in effect at the time. He returned to prison on an unrelated theft conviction and was released in 2004, and he signed a form requiring him to register if he left the state. He notified the Wabash County sheriff’s office twice as he was required to do at the time, but in late 2008 he failed to update his registration in Indiana or South Carolina where he relocated.

Congress passed the Sex Offender Registration and Notification Act (SORNA) in 2006 and the U.S. attorney general put rules in place in mid-2008 requiring offenders to register if they moved out of state. Leach eventually reported his move in early 2009 to Indiana’s child support enforcement office, but he didn’t register in South Carolina and was later arrested under SORNA for failure to register. He pleaded guilty and received a 27-month imprisonment sentence and three years of supervised release, but preserved his right to appeal. Judge Miller upheld his conviction and sentence, and Leach appealed that ruling on grounds that his registration under SORNA was an ex post facto violation of his constitutional rights.

The 7th Circuit affirmed that lower court decision in an eight-page opinion, basing its ruling in large part on the SCOTUS decision from June 2010 in another Indiana sex offender case – Carr v. United States, 130 S. Ct. 2229, 2240 (2010). The justices in that case held that offenders who travel between states and don’t register under SORNA after the law’s effective date can be prosecuted, but applying the law to any pre-SORNA travel is unconstitutional. In this case, Leach’s move came in 2008.

But what the SCOTUS didn’t answer in that case and remains unresolved is whether SORNA overall is an ex post facto violation if it’s applied to any convictions prior to 2006. Most circuits have ruled that it is not, and the 7th Circuit now joins them.

Using its own caselaw to determine that this statute isn’t retrospective and penal in nature, the 7th Circuit found Leach didn’t satisfy that two-prong requirement. The 7th Circuit also noted that Leach’s citation of Wallace v. State, 905 N.E. 2d 371 (Ind. 2009), doesn’t apply here because the question isn’t whether Indiana has adopted a compliant registration system or whether that state’s law complies with SORNA.

“We recognize that SORNA imposes significant burdens on sex offenders who, like Leach, may have committed their crimes and completed their prison terms long before the statute went into effect,” Judge Diane Wood wrote for the panel, outlining all the ways offenders must notify authorities under this statute. “But that does not make them retrospective: SORNA merely creates new, prospective legal obligations based on the person’s prior history.”

The nation’s highest court might soon rule on that very issue, after granting certiorari in January a case out of the 3rd Circuit that follows the rationale cited in this newest ruling by the 7th Circuit and others. The case is Billy Joe Reynolds v. United States, 10-6549, and it raises a number of questions about the SORNA, including whether the law violates the ex post facto clause of the Constitution, the Commerce Clause or due process rights. Whether that question is addressed remains to be seen, and merit briefs are due later this year on that case.
 

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  • Witch Hunt
    It is clear that the USA has started the new witch hunts that once plagued this country. It is an easy political gain for any politician, who would dare fight against any laws against a so called sex offender. Yes itâ??s retroactive and every new law they make since that first date is also retroactive. Even the Supreme Court has no will to go against this injustice no matter how much they know itâ??s unconstitutional. Itâ??s a win win deal for any politician. The rights of the many who will be hurt by this do not matter to them. It's only going to get worse. This country makes too much money on prosecuting people and incarceration and fines and fees...itâ??s a total joke how this country can complain about human rights violation of any other country when according to the UN charter of 1947 the USA is the biggest violator.. Nothing is going to ever change this do to the money involved and status people earn from this. The facts do not matter at all...Fact less than 3% offenders re-offend, Fact almost 90% of those on the sex offender never really offended anyone...as compared to a real rapist or molester. Fact more and more non sex related issues are becoming sex crimes to get more offenders on the registry. Don't trust me go search this info yourself it's out there it cannot be hidden but is ignored and lied about. There are over 700,000 people on the registry in the USA from peeing on the side of the road to rape and murder and all are given the same classification status. It will end someday but only in violence, the people can only assume so much legal abuse something will give. I hope that when that day comes that the new legal order will have the guts to go back and punish all those who went along with this witch hunt and no Nuremburg excuse will be allowed. If you know a law is wrong, unconstitutional and illegal you have a moral obligation to mankind to not enforce that law. Following orders will not be an excuse. Judgment is coming by God or other good people but it is coming.
  • You can put lip stick on a pig but its still a pig
    I was convicted of a crime involving an adult female in 1999. I served my time and my parole without any problems. Several months after i was off parole. My crime was changed from 10 years of registration to life. Now i have to pay yearly fees and report to the sheriffs office every 3 months. There is no difference between being on parole and probation and being under the new SORNA guide lines. I did my time and have not been in any trouble at all in over 12 years. Ive earned two degrees and im working on a third. Ive started a family and bought a country home. None of that matters, no kind of hearing or evalution was done to determine if i was a treat to reoffend they just called me up from the sheriffs office and said here is the new deal. I dont want people to feel sorry for me I just want to be left alone. They can call the new laws anything they want but it is what it is, a life sentence of punishment.

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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