SORNA: Ex post facto, due process challenges properly rejected, failure-to-register conviction affirmed… superseding opinion… Shanstrom affirmed. [Read more…]
Revocation, recanted confession, burden of proof
REVOCATION: Opper rule requiring conviction based on more than uncorroborated confession not extended to revocation of supervised release (1st impression), revocation properly based on recanted confession of child porn Defendant’s unauthorized contacts with minors following thorough hearing… Lovell [Read more…]
SORNA, ex post facto, due process
SORNA: Ex post facto, due process challenges properly rejected, failure-to-register conviction affirmed… Shanstrom affirmed. [Read more…]
SORNA, obscenity conviction, child porn
SORNA: Registration properly imposed upon revocation of obscenity conviction as result of prior colloquy admission to child pornography… Haddon affirmed. [Read more…]
Sentencing, castration request
SENTENCING: Offer to undergo castration in exchange for shorter sentence rejected… Molloy. [Read more…]
Sentencing, abusive sexual contact, enhancement
SENTENCING: 2-level enhancement properly imposed for abusive sexual contact on finding that child was in uncle’s “custody, care, or supervisory control”… 1st impression… Cebull affirmed. [Read more…]
Juvenile Indians, SORNA
JUVENILE INDIANS: SORNA registration properly imposed over FJDA confidentiality and constitutionality challenges… Haddon affirmed. [Read more…]
SORNA, knowledge of federal violation
SORNA: US not required to prove that sex offender knew failure to register violates SORNA, only that he knew of registration [Read more…]
Sexual abuse, sleeping victim
SEXUAL ABUSE: Sufficient evidence that woman was asleep during sex… 130 months substantively reasonable… Haddon [Read more…]
Sentencing, cyberstalking, prior criminal mischief
SENTENCING: Prior criminal mischief vandalizing house under Montana law similar to disorderly conduct in 4A1.2(c), not [Read more…]