Here is an unpublished opinion in United States v. Jones, No. 09-15005 (11th Cir. 17 June 2010). I’ve commented before about how nuanced sex offender registration issues can get. Christopher Martin Jones appeals from his sentence imposed following his conviction for possessing a firearm as a convicted felon. On appeal, Jones argues that the district…
Continue reading ›Army Times reports: A federal appeals panel says sex offenders convicted in military court but housed by the Bureau of Prisons are not eligible for civil commitment. A three-judge panel of the 4th U.S. Circuit Court of Appeals issued the ruling Monday in the case of former Army officer Benjamin Barnard Joshua, who pleaded guilty…
Continue reading ›The AFCCA has issued its opinion in the relook at United States v. Rose. The court comes to the same conclusion that the defense counsel advice to the client about sex offender registration was wrong and IAC. The initial decision at AFCCA is here, and CAAF’s 28 October 2009 journal entry and order is here.…
Continue reading ›There are two decisions issued today of some relevance to military justice practitioners. One relates to Miranda and another to SORNA. As to Berghuis v. Thompkins, Kent Scheidegger of crimeandconsequences blog says: The Miranda rule remains intact in that the police must warn suspects of their rights and that an invocation of those rights by…
Continue reading ›There’s been lots of litigation about SORNA. But now, courtesy of Sentencing Law & Policy we learn that DOJ has some recommendations for amending SORNA. You will be interested to know that this morning the U.S. Department of Justice issued proposed supplemental guidelines modifying several requirements for compliance with SORNA. Many address concerns raised by…
Continue reading ›The advice to an accused about sexual offender registration is complicated. Cases such as Williams v. Lee and Keathley, No. ED 93827, from the Court of Appeals of Missouri, Eastern District, Division Five, decided May 4, 2010. This is a retroactivity case. On February 5, 2000, Williams pled guilty in a military tribunal to one…
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