Federal Defenders of New York Second Circuit Blog

Sex offender registration

In a summary order, the Second Circuit vacates a district court’s judgment imposing a complete ban on internet use, as a condition of supervised release. The Circuit concludes that it’s “substantively unreasonable” to impose such a ban on someone whose offense involved child pornography, and no evidence suggested he “is likely to seek out children on social media or prey on them in reality.” United States v. Gonyea, Nos. 22-1722-cr, 22-1727-cr (2d Cir. Nov. 13, 2023) (C.J.J.’s Jacobs, Lohier, Lee) (“Summary Order”).

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I. Background In 2017, Appellant was convicted of one count “of receiving child pornography in violation of 18 U.S.C. §§ 2252A(a)(2)(A) and (b)(1)” and sentenced to 72 months’  imprisonment “and a life term of supervised release.” Order at 3. In 2021, after his release from custody, Probation Officers discovered that he had “created two email … Read more

Second Circuit holds that Fourth Amendment not violated by Suffolk County program that permits nonprofit organization to conduct home visits with individuals on the sex offender registry in order to confirm the accuracy of their registration address.

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On September 4, 2019, the Second Circuit, in an opinion by Judge Droney (joined by Judge Cabranes and Judge Raggi), affirmed a grant of summary judgment in favor of Suffolk County in a case where an individual who was required to register as a sex offender argued, in a claim for damages under 42 U.S.C. … Read more

A SCOTUS plurality holds that Congress authorizing the U.S. Attorney General  “to specify the applicability” of  SORNA’s registration requirements to people convicted before SORNA was enacted (in 2006), is not an unconstitutional delegation of legislative authority under Article I, § 1 of the Constitution.

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Yesterday, in Gundy v. United States, Sup. Ct. No. 17-6086, 2019 WL 2527473 (June 20, 2019), a case out of the Second Circuit, a plurality of the Supreme Court held that 34 U.S.C. § 20913(d) — which authorizes the U.S. Attorney General “to specify the applicability” of the registration requirements of the Sex Offender Registration … Read more

ACCA Oral Arguments in Stokeling & Stitt (and FDNY nondelegation argument in Gundy!)

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This week the Supreme Court heard oral arguments in two cases addressing whether specific state offenses are violent felonies within the meaning of the Armed Career Criminal Act (ACCA): Stokeling v. United States (Florida robbery statute that punishes takings by slight force), and United States v. Stitt (state burglary statutes that punish vehicle break-ins). The … Read more

Significant FDNY Cert. Grant Concerning SORNA

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Today the Supreme Court granted certiorari in Gundy v. United States, No. 17-6086, to decide whether the Sex Offender Registration and Notification Act (SORNA) violates the nondelegation doctrine by delegating authority to the Attorney General to issue regulations under 42 U.S.C. § 16913(d). The grant is particularly significant because, as Sentencing Resource Counsel Ada Phleger … Read more

Fuller Brush-Off

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United States v. Fuller, No. 09-1437-cr (2d Cir. November 30, 2010) (McLaughlin, Straug, Raggi, CJJ) In 2004, Ross Fuller pled guilty to a sex offense in Missouri and became a registered sex offender. He complied with the applicable registration requirements until June of 2006, when he moved to New York, and failed to register either … Read more

Moving Violations

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United States v. Guzman; United States v. Hall, Nos. 08-5561-cr; 08-6004-cr (2d Cir. January 7, 2010) (Miner, Straub, Wesley, CJJ) Defendants Guzman and Hall were both registered sex offenders in New York. Each moved to another state without updating his registration, and was charged with violating 18 U.S.C. § 2250(a), which makes it a crime … Read more

SORNA Doom

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United States v. Hester, No. 08-4665-cr (2d Cir. December 16, 2009) (Winter, Cabranes, Hall CJJ) (per curiam) After pleading guilty to two sex offenses in New York State, Hester was required to register as a sex offender. He completed his initial registration – which included explicit instructions that Hester update if he moved or changed … Read more

Who’s SORA Now?

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Willette v. Fischer, No. 06-1422-pr (2d Cir. October 29, 2007) (Meskill, Newman, Sotomayor, CJJ) Although the Blog does not regularly report on decisions in state prisoners’ habeas corpus proceedings, this nifty case has relevance to federal criminal practice. Steven Willette, a convicted sex offender in New York State, was tried and convicted, inter alia, of … Read more