ACSOL’s Conference Calls

Conference Call Recordings Online
Dial-in number: 1-712-770-8055, Conference Code: 983459


Monthly Meetings | Recordings (11/20 Recording Uploaded)
Emotional Support Group Meetings

 

National

SD: Transient man sentenced to 78 months in federal prison for Failure to Register as a Sex Offender in South Dakota

Source: drgnews.com 10/19/21

A transient man convicted of failure to register as a sex offender has been sentenced by a federal court judge in South Dakota.

55 year old Daniel James Cooper must spend 78 months in federal prison, followed by five years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.

Read the full article

 

We welcome a lively discussion with all view points - keeping in mind...  
  1. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  2. Please keep the tone of your comment civil and courteous. This is a public forum.
  3. Swear words should be starred out such as f*k and s*t
  4. Please stay on topic - both in terms of the organization in general and this post in particular.
  5. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  6. Please take personal conversations off this forum.
  7. We will not publish any comments advocating for violent or any illegal action.
  8. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address.
  9. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  10. Please do not post in all Caps.
  11. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links.
  12. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  13. We will not publish any posts containing any names not mentioned in the original article.
  14. Please choose a short user name that does not contain links to other web sites or identify real people
  15. Please do not solicit funds
  16. If you use any abbreviation such as Failure To Register (FTR), or any others, the first time you use it please expand it for new people to better understand.
  17. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  18. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 
Subscribe
Notify of
30 Comments
Inline Feedbacks
View all comments

Yea! Let’s spend $225K to provide room and board for a transient who has committed no real crimes. What a wonderful use of my tax dollars!

Unlimited budgets equals unlimited power. You are right about the tax dollars, but hey as if the people actually pay attention to that anymore. I noticed it didn’t say If he chose trial or plea in either of his convictions.

Remember now, registries aren’t punishment.

..and just “civil” in nature.

This is punishment for a crime from 1994. Almost 3 decades ago.

You know, the criminal regimes are so awesome at keeping people safe that I think the responsibility of gathering any information they need for their Oppression Lists (OLs) ought to be 100% theirs. No PFR should have any obligation at all regarding the OLs. Then the criminal regimes wouldn’t have to whine and cry about how their OLs are so pathetic because they have to rely on “sex offenders” to update them. They lie to everyone that they are “verifying” the information on their OLs and the even bigger lies that they are “monitoring” PFRs, so how about they just start from the beginning and collect the information themselves? That could involve actual work though, so that’s probably not feasible.

There should be no such “crime” as “failure to follow the immoral, BS sex offender registration laws”. No such thing as “FTR”. The fact that there is solidifies the fact that millions of people in America are in a war with the criminal regimes and ALL of their anti-American, scumbag followers.

I pray that this guy retaliates appropriately for this crime committed against him. What will the retaliation be? For me personally, I’ve already decided.

But hey, I’m SURE this will protect all kinds of children and other people. Sure of it. Let’s keep up the stupid to placate the brainless, lazy, irresponsible Karens.

Sickening! Who could justify this? Simple persecution of a minority group.

1994 – that’s all I have to say. Idiots!

EXCESSIVE AND EXTREME “persecution of a minority group”!!! 😡😡😡
F*ck!!! When is this sh*t going to stop!!
NO ONE ELSE faces this type of repeated punishment!!! 😡😡😡

We’re a marginalized and vulnerable group, yet not recognized as a protected class. Welcome to America!

How is this even a Federal crime? This not “commerce among the several States” as stated in the US Constitution.

The gent crossed sovereign territory lines by going onto a reservation and back to the US. That makes it a Federal Crime.

Lemme add:

“evading law enforcement during that timeframe” while traveling between the reservation and SD.

I clarify this because there are US highways, roads, etc which cross reservations that are legal for PFRs to travel on, but as soon as one stays on a reservation for a night, one is legally traveling to another sovereign state (and probably should notify the authorities they are traveling there).

Also, these sovereign nations are subject to US SORNA laws when it comes to their communities. It is right there in the text.

At the start of the Covid outbreak, wasn’t there some kind of pissing match between the Indians and SD over tribes setting up checkpoints to restrict travel through their land?

It became a federal crime, when he crossed into the Indian reservation; which is considered a sovereign state (like Monaco or Vatican City). In other words, he left the U.S. without permission.

Indian reservations are not precisely equivalent to a sovereign nation. They are actually considered as federal lands being held in trust for the tribes. This creates a weird and paternalistic arrangement going back 200 years, and is much more convoluted than nation-to-nation relationships. Both the feds and tribal authorities have criminal jurisdiction on reservations. State jurisdiction generally does not extend into a reservation unless specifically authorized by Congress. This guy never left the US but triggered federal jurisdiction by being on federal trust land, i.e. the reservation.

There is some discussion in this thread regarding how travel through reservations might trigger the federal 21-day notification requirement. Since traveling to or through a reservation is not “foreign commerce” it does not (see 18 USC 2250(B)(2)).

This guy was technically in violation of both state and federal SORNA laws by failing to keep registration current in South Dakota. However, the feds would have had no jurisdiction unless he crossed state lines, entered federal land, or had a federal sex crime conviction. If he had a state conviction and had been picked up in South Dakota for not renewing his registration there, only the state would have been able to prosecute. Two elements are required: 1) that he failed to keep his registration current; and 2) that he was either convicted of a federal sex crime or crossed a state or tribal boundary.

Registries are absurd anyway, and this sentence even more so. I suspect some “perfect storm” of a hard-ass federal judge and an ambitious prosecutor looking to increase promotion prospects by making his/her stats look better. But the lesson is clear. Follow the registration laws!!! I know it is much more difficult in some states, but the consequences of not doing so are onerous. Until laws can be changed, not adhering to them is like leaning into a punch.

Veritas–I think, since I’m not a lawyer.

To add to this:

What does tribal sovereignty mean to American Indians and Alaska Natives?

When tribes first encountered Europeans, they were a power to be reckoned with because the combined American Indian and Alaska Native population dominated the North American continent. Their strength in numbers, the control they exerted over the natural resources within and between their territories, and the European practice of establishing relations with countries other than themselves and the recognition of tribal property rights led to tribes being seen by exploring foreign powers as sovereign nations, who treatied with them accordingly.

However, as the foreign powers’ presence expanded and with the establishment and growth of the United States, tribal populations dropped dramatically and tribal sovereignty gradually eroded. While tribal sovereignty is limited today by the United States under treaties, acts of Congress, Executive Orders, federal administrative agreements and court decisions, what remains is nevertheless protected and maintained by the federally recognized tribes against further encroachment by other sovereigns, such as the states. Tribal sovereignty ensures that any decisions about the tribes with regard to their property and citizens are made with their participation and consent. (bia.gov)

TS, my post was an attempt to clear up some misperceptions regarding federal jurisdiction vis-a-vis native reservations and why it was a factor in this case. The takeaway I’d hoped to convey is that driving onto a reservation is neither leaving the US nor entering onto foreign commerce. With sex offense and registry issues in particular, legal nuances are critical. In some states, e.g. Florida, registry statutes and local ordinances are so complex that compliance is a fulltime concern.

This thread is not the proper forum for a running discussion regarding the history of European colonialism. So I won’t say more than I feel your description was rather tepid. I’d love to hear comments from our native participants. But not in this thread.

Veritas.

@Ed C

While entering a native reservation is not leaving the US, technically, it is still entering a sovereign nation of a conquered peoples based upon treaties signed by both parties (and broken by the conquering nation repeatedly). There are distinct differences that need to be noted in this discussion here because tribes do not have to be SORNA compliant. Continuing to dismiss the natives as has long be done is continuing to hold them down, just as the masses want to do to people forced to register, legal nuances or not.

Veritas, Ed C, as you say…

Another person Arrested for Couchsurfing, when you register as Transient your file gets passed to a Sex offender special investigation unit and the investigation starts and doesn’t end until you find a permanent address.
Today Netflix bosses are braced for an employee walkout and rally in Los Angels as anger swelled over a new Dave Chappelle special that activists say is harmful to the transgender community.
If People forced to register came together and held theses fear-mongering news stations and politicians accountable for their actions the registry would’ve been abolished a long time ago.

Good luck

@Janice,

Why do we not start a petition on the FTR as it is unconstitutional and we can get 500,000 signatures to start with, awake the public on our punishment phases!

Start with one punishment at a time till we break the system down and have more leverage !

Well Will Allen is right. I sat right behind Law enforcement folks when I had my criminal justice courses. Even when we had breaks to get a coke or smoke a cigerate outside and I sort of feel uneasy at times but at the time politics was very corrupt in many area’s back in the 70’s. Guess you could say it still is corrupt even with much of this sex registry and these laws.

Even these leg monitoring issues that many are forced to register are a bit discriminatory and unbalanced. Bloody Mingo that’s even in the history or WVA and an era that people don’t want to talk about but I’m sure every state has their bad counties. Yes much has changed in Law enforcement and these types of punishment so one can either stand up for true justice.Fight fire with fire as someone said or get involved and Janice’s/ planning project is a good Idea about going to DC or even one’s own state capital is a good idea but DC is a better choice as this sex registry is unjust in many ways. Hey character a buss if one has to…

All my trips out west were on Trailaway or Grayhound bus, but I think both of them are gone by the wayside or have been downsized. And yes one doesn’t go into another person’s territory without being invited..

Does one have to give a 21 day notice if they will traveling through a Reservation? How many people even know if a Reservation is nearby? Most people I know can’t even read a map, so I doubt politicians can.

There is a reservation near me, and I hope like hades that is not the case or I have to give 21 day notice to just leave my house basically as I am basically surrounded by reservation land. Torres-Martinez reservation and the casino is literally a few miles up the road from me.

Wow – how would this play out in Oklahoma now that SCOTUS has rules that large swathes of it are reservation land?

Anyone notice Lake traverse reservation is partially within Codington county. 

Holy hell, this is insane. A lengthy prison sentence because this dude “failed to register” for a 1994 crime??

Where is the basic logic to any of this???

America is headed for the dumps… I’m convinced.

This is really disturbing because his situation occurred many, many, many, many years ago…. Knowing the government is this petty, I encourage EVERYONE on the registry to PLEASE follow the rules until we can do something to get things changed!!! Deliberately not following the rules does absolutely nothing to help anything.

On another note, I am about to start a youtube channel and I will be posting videos regarding undercover interactions with government officials and the registry. To be more specific, I will be spending the whole year in Europe starting in Feb and I will be documenting the travel process every step of the way. I am starting a WhatsApp group so followers can ask me questions anytime. I know how hard it can be to get answers from organizations in a timely manner so if anyone is interested in joining, Let me know now before I start charging a patreon fee when the group has too many members!! Direct email is officialsexposed@gmail.com

Would the outcome be different if he was in a non SORNA compliant state and Indian Nation? This case reminds me of my Native American studies class where my professor always said, the US government always screw over tribes. I’m not Native American, yet I feel like I’ve been screwed by our government.

If you feel that way, you need to come publicly and speak about it! You and your family. Nobody is going to hear you on a forum

I think it’s crazy how sex offenders are doing more time for failure to register than the actual sex offense itself this I know all to well I was convicted of statutory rape in 1998 sentenced to 6 months county jail 5 years probation and 10 years on the registry 2006 laws changed I’m told I’m on the registry for life just like that 2012 I was convicted of failure to register I was sentenced to 1 to 3 years in prison its now 2021 and I’m still on the registry facing failure to register they offered me 1 year county I refused its been 23 years on the registry and enough is enough I was in my 20s in 1998 I’m 49 years old today when is my debt to society ever going to be paid

30
0
Would love your thoughts, please comment.x
()
x
.