ILNews

7th Circuit rules on sex offender registration

Back to TopCommentsE-mailPrintBookmark and Share

A reasonable grace period is required before the federal government can enhance a convicted sex offender's punishment for not registering after a move to a new state, the 7th Circuit Court of Appeals ruled today.

That timeframe falls somewhere between zero days and five months, according to the ruling in the consolidated cases of U.S. v. Marcus Dixon, 08-1438, and U.S. v. Thomas Carr, No. 08-2008.

In deciding a case that's the first of its kind in this Circuit, the federal appellate panel dismissed claims that the Sex Offender Registration and Notification Act was unconstitutional on several fronts and instead focused mostly on the notice received from the federal government before a criminal failure to register with state authorities is enhanced to a federal crime.

The court reversed the judgment against Marcus Dixon with direction to acquit while affirming the decision in Thomas Carr's case.

Both were convicted in the Northern District courts - Dixon after a bench trial in 2007 for failure to register with state authorities after moving to Indiana in 2006 before the regulation was adopted; Carr after pleading guilty and moving to the state.

The law in question imposes criminal penalties on any state or federally convicted sex offender who, among other things, knowingly fails to register as a sex offender. Congress gave the U.S. Attorney General authority to specify when that timeframe to register applies. Dixon was charged and ultimately convicted on grounds that he didn't register on or about Feb. 27, 2007 - the date the rule was adopted; Carr had not registered by July 2007.

But while Dixon should have known that he needed to register, his ex post facto rights were violated because the federal law imposes on that existing crime a new federal criminal penalty on top of any state punishment for not registering, the court wrote.

"Whatever the minimum grace period required to be given a person who faces criminal punishment for failing to register as a convicted sex offender is, it must be greater than zero," Judge Richard Posner wrote, referring to the government's charge that he didn't register on or near the same time the rule was passed.

Carr's case was different, as he had about five months to register and failed to do so, Judge Posner wrote, noting that it was a sufficient grace period.

"Remember that on our interpretation of the statute as filled out by the regulation, the duty to register does not come into force on the day the Act becomes applicable to a person, or on the next day or next week, but within a reasonable time..."

Overall, the court determined that the law isn't unconstitutional and any convicted sex offender must register even if they came to the state prior to the federal law's passage.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT