UPDATED with Oral Argument – When ____ ____ ____, a federally convicted sex offender, left Kansas in 2012 to go live in the Philippines, one might have thought the United States government would be happy to see the back of him. Not so. Federal authorities tracked him down in Manila and escorted him back to Kansas, where he was convicted in federal district court of failing to notify Kansas authorities that he had left the state. On March 1, the U.S. Supreme Court will hear his argument that his move never triggered a duty to notify anyone. Full Article
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How does the government keep up the pretense that any of this ‘protects’ children in the place where this offender lives?
Do these people – trained jurists, highly paid professionals – seriously have nothing better to do?
This is nothing but rearranging deck chairs on the Titanic, while the band plays on. Focusing on these absurdities while the country slips globally on every front.
I am a bit confused on how he would have gotten convicted on two grounds:
1) This law violates the commerce clause as it has nothing with commerce.
2) The law clearly does not state one needs to alert the state you are no longer residing in.
Quite an interesting case
QUESTION PRESENTED:
Two men lived on opposite sides of the Missouri River in the Kansas City Metropolitan
area, one in Missouri within the Eighth Circuit, the other in Kansas within the Tenth Circuit. Both men were convicted of sex offenses before the enactment of the Sex Offender Registration and Notification Act (“SORNA”), but were required to register under SORNA. Both men traveled from their homes to the Kansas City International Airport, flew to the same foreign country to reside, and thereafter did not update their registrations in the jurisdictions they had left. On these facts, the Eighth Circuit ruled in United States v. xxxxx 725 F.3d 859 (8th Cir. 2013), that the failure to update a registration does not violate SORNA. The Tenth Circuit came to the opposite conclusion in Petitioner’s case, on the basis of its earlier decision
http://www.supremecourt.gov/qp/15-05238qp.pdf
Sounds like one for now has a case of kidnapping, false arrest, and false imprisonment. Kaching kaching!
I just hope so much for a true God and a day of judgement.
I also hope there is a true Hell, because i reckon that people like those involved in the process of going after this guy, have a nice warm place to sleep every night, for eternity.
Well, there are a few issues this man must deal with. First, the Philippines has banned all registered citizens. Secondly, did he even inform the state he was residing in that he was moving? 3rd, is he now a citizen of the Philippines? This is a very thought provoking issue. Personally, I feel they shouldn’t had even touched him! I hope he wins.
It appears this man is being treated like he is a piece of government property due to his registration requirement. It’s like a twisted human-trafficking scheme sanctioned by the U.S. government. It’s too bad the Philippine government did not offer this man asylum due to human rights violations carried out by the U.S. government against registered citizens as I’ve seen in recent years from the U.K., Canada, France, and Poland.
This case illustrates for me something I was planning to do and the consequences therein. I would love for him to win, but from here on in good luck with moving out of the country–I’m clueless as to where one could go!
I think the underlying question is:
“If he completed his sentence and [completed] his probation, can it be legal to keep someone from living internationally? If you require him to register for life are they implying that is part of the sentence and they are not free?”
It boils down to- if he must continue to register in the State where he left (not the State he was convicted in) even if he no longer lives in that state, works in that state, or pays taxes in that state. So wherever it is, internationally, or even to a different state where he might NOT even be required to register at all- Must he continue to register in the State where he left?
Does anyone have an answer please?
I was required to notify my state ten days before leaving and so I did. I moved to Mexico and was living a great life, with friends and had enough money to enjoy being alive. Until I returned to the US to renew my driver’s license, as I had to do yearly. I had to have a driver’s license to drive with insurance. I was met at the airport and returned. Now I am a prisoner in the USA. I hate living in this country. There is no other word for it, with its increasingly draconian laws.
Our only hope in our lifetime is the court system as politicians will not be able to provide any relief. Maybe if there was mass petitioning of programs like 60 minutes to educate the public we might get some relief. The politicians sensitivity to public perception is currently inescapable.
Hi im mexican and im reading your case and i think that you woud liketo have a new oportunity of life, cuz that is like you are not living or only existing… Forma more information you email me
When this government hearing United States makes a mistake they want us to forgive them I am a veteran of the Vietnam war I made a mistake okay I supposed to let a 15 year old girl birthday but all I did was a note to her so I am guilty I guess but we give the government many many chances after they make a mistake why don’t they give us a chance after all I bought from my rights in other people’s right to his country in my rights are being violated about 75% of the people in the US military are looking at p*** are having sex with underage girls especially in a war zone And 60% or up of the politicians are looking at p*** are having sex with underage girls so what good is sex offense registry I tried to get everybody involved that is a veteran to have a March even some of the military people look what’s going to happen to them when they get out of the military from being overseas in a war zone and they come back very depressed and they lash out at people they need a second chance to this is why I want to snuggle I wish we could all get together and just March in DC even our president you should join the March after off he has friends that are in the sex ring operation if you are a veteran and you’re in this predicament please let me know you can contact these people here and they will horde I hope your message to me