United States Eighth Circuit

In a case where the district court required defendant to register as a sex offender based on his previous criminal sexual conduct, as a condition of his supervised release for unrelated felony offenses, judgment is affirmed over claims that: 1) the district court abused its discretion in imposing the registration requirement because the condition was not reasonably related to the offenses of conviction; 2) registration as a sex offender was not a mandatory condition under federal law because the Sex Offender Registration and Notification Act was not determined to be retroactively applicable until after he was sentenced; and 3) Fed. Rule of Crim. Pro. 32(h) requires the district court to give advance notice of its intent to impose sex offender registration as a condition of supervised release.

Appellate Information

• Decided 04/02/2008
• Published 04/02/2008

Judges

• GRUENDER, Circuit Judge., Before BYE, BEAM and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert Gail Davis, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Joseph T. Dixon, AUSA, argued, Chris S. Whitton, AUSA, on the brief, Minneapolis, MN, for appellee.