Wednesday, April 20, 2011

SORNA - Failure to Register Conviction Upheld

In United States v. Pendleton, 2011 WL 1366382 (Apr. 12, 2011), the Circuit rejected defendant’s challenge to the sufficiency of the evidence supporting his conviction for failure to register as a sex offender. The Court’s decision is based on the fact that defendant had stated numerous times to government officials and others—including during the time period alleged in the indictment—that he actually lived at the charged address, not only that it was his mailing address, regardless of fact that witness who lived in the house testified defendant had never stayed there. The court declined to reach issue of whether a “mail drop” address would have been sufficient to charge under the statute. The court likewise rejected a Commerce Clause challenge, and a Due Process and fair notice challenge based on the fact that Delaware law did not require Pendleton to register.

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