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United States v. Williams

United States District Court, S.D. Georgia, Augusta Division

June 1, 2018

UNITED STATES OF AMERICA
v.
LEROY ANTHONY WILLIAMS

          MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

          BRIAN K. EPPS UNITED STATES MAGISTRATE JUDGE

         Leroy Anthony Williams is charged with one count of Failure to Register as a Sex Offender, in violation of 18 U.S.C. § 2250(a). (Doc. no. 1.) In the Joint Status Report, (doc. no. 19), the parties notified the Court they were unable to resolve the only motion filed, a motion to dismiss the indictment. Because Defendant's motion did not comply with Local Criminal Rule 12.1 and neither side had provided any case law in support of their respective positions, the Court afforded Defendant an opportunity to particularize his motion in compliance with the Local Rules and the government an opportunity to file a supplemental response. (See doc. no. 20.) Having considered all arguments and evidence submitted by the parties, the Court REPORTS and RECOMMENDS the original and particularized motions be DENIED without an evidentiary hearing. (Doc. nos. 15, 21.)

         I. BACKGROUND

         The one-count indictment alleges:

On or about February 28, 2017, in Richmond County, within the Southern District of Georgia, the defendant, LEROY ANTHONY WILLIAMS, a person required to register under the Sex Offender Registration and Notification Act, traveled in interstate commerce and did knowingly fail to register as required by law, in violation of Title 18 United States Code Section 2250(a).

(Doc. no. 1, p. 1.)

         The charging statute provides:

         (a) In general.- - Whoever - -

(1) is required to register under the Sex Offender Registration and Notification Act;
(2)(A) is a sex offender as defined for the purposes of the Sex Offender Registration and Notification Act by reason of a conviction under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States; or
(B) travels in interstate or foreign commerce, or enters or leaves, or resides in, Indian county; and
(3) knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act;

         shall be fined under this title or imprisoned not more than 10 years, or both. 18 U.S.C. § 2250(a).

         Defendant contends the indictment should be dismissed in its entirety because he was under the age of fourteen at the time of his crime and adjudication for the qualifying offense requiring registration under the Sex Offender Registration and Notification Act (SORNA). (Doc. no. 21.) Defendant maintains a person adjudicated delinquent as a juvenile must be fourteen years or older to be considered “convicted” and therefore subject to SORNA registration. (Id.) The government agrees Defendant was under the age of fourteen at the time of the qualifying offense but argues he was adjudicated guilty as an adult, not delinquent as a juvenile. (Doc. no. 24.) Therefore, Defendant is subject to the SORNA registration requirement. However, the government maintains the motions ...


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