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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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  • GODS FURY
    I served time and placed on sex offender registry for a crime I never committed. The whole thing was lied about. The official knew this but did not care. How much more will God take before he takes his fury out on all the evil Justice systems in America ?
  • 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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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