United States Fourth Circuit

Conviction of defendant for failing to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA), and imposition of a 30-month term of imprisonment and ten years of supervised release is: 1) affirmed as to the conviction, where there is substantial evidence to support the conclusion that defendant knowingly avoided an obligation to register as a sex offender; 2) affirmed as to the 30-month term of imprisonment, which is within the applicable Guidelines range and is reasonable; and 3) vacated and remanded as to the supervised release portion of the sentence, where a failure to register under SORNA is not a “sex offense” for the purposes of the Guidelines.

Appellate Information

• Decided 12/08/2014
• Published 12/08/2014

Judges

• Floyd

Court

• United States Fourth Circuit

Counsel