Old client

Philip D. Cave

What happens after trial.

Here is another case of mine that found itself in federal court–United States v. Mingo. When the Feds tell you to register and follow the rules they mean it.

In January 2005, Mingo enlisted in the United States Army. See Sealed Complaint at 2, United States v. Mingo, No. 16 Cr. 597 (S.D.N.Y. Aug. 25, 2016) (the “Complaint”). The following year, he was convicted by court martial in the Military District of Washington of, inter alia, one count of rape of another member of his platoon in violation of Article 120 of the Uniform Code of Military Justice. Order of Nov. 30 at 1. He was sentenced principally to 30 months’ confinement and was discharged from military service in September 2008. See id. Following his release from military custody, the State of New York designated Mingo as a Level Two sex offender. See id. at 1-2. In 2009, he signed the New York City Police Department’s Sex Offender Rules and Regulations to acknowledge his duties as a registered sex offender. See id. at 2. He was required thereunder to register annually and to notify the New York Department of Criminal Justice Services of any change to his address within ten days of any change of residence. See id. In 2010, Mingo registered as a sex offender. See id. He failed, however, to update his registration thereafter. See id. In 2012, Mingo moved from the Bronx, New York, to Brooklyn, New York, without notifying the Department. See Complaint at 3, 5. And on September 7, 2016, a grand jury in the United States District Court for the Southern District of New York returned an indictment charging him with failure to register under the provisions of SORNA codified at 18 U.S.C. § 2250.[2] See Order of Nov. 30 at 1.

The issues here relate to the designation of various UCMJ offenses as registratable offenses.

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