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May 31, 2007

Another federal sentence for failing to register

As detailed in this news account, this week in Oklahoma another federal sentence has been imposed under the new Adam Walsh act for failing to register as a sex offender. Here are the basics:

Darrell Templeton soon will be back to looking for work as an Elvis impersonator, but this time he'll be doing it as a registered sex offender.  Templeton, 47, was sentenced Wednesday to eight months in federal prison for failing to register with Oklahoma authorities after applying for a state driver's license in January 2006.

Templeton was one of the first people in the country to be charged in federal court with failing to register as a sex offender after the Adam Walsh Child Protection and Safety Act increased the federal government's role in such cases....

Templeton said he did not realize he had to register with Oklahoma authorities because he was not required to do so in Arizona, where he was convicted in 1989 of sexual abuse.

U.S. District Judge Vicki Miles-LaGrange noted Templeton had been arrested 32 times since he was released from prison in 1991 as she decided to sentence him to eight months in prison.  That is two more than the maximum term recommended by federal sentencing guidelines. "That probably is not enough, quite honestly," she said.

For various reasons that can be issue-spotted in this story, I think  the failure to register provisions of the Adam Walsh act could eventually end up before the Supreme Court.

May 31, 2007 at 08:03 AM | Permalink

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The Templeton case that I blogged about before has resulted in a sentence for failure to register. Here is a news account of the case:U.S. District Judge Vicki Miles-LaGrange noted Templeton had been arrested 32 times since he was released [Read More]

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Comments

Does "that is probably not enough, quite honestly" equate to "sufficient but not greater than necessary?"

Posted by: SPD | May 31, 2007 8:57:50 AM

no. enough = sufficient.

Posted by: | May 31, 2007 10:03:52 AM

The article says he was only charged under Adam Walsh (2250), but pleaded to a different, older charge (thus other than the Adam Walsh charge).

The older failure to register charge (under Title 42 I believe) is only a Class A misdemeanor.

8 months to do on a misdemeanor only is not bad.

Posted by: Deuce | May 31, 2007 11:01:25 AM

For an interesting discussion of the collateral consequences of failure to register, and a fascinating back-and-forth between majority and dissent over whether failure to register is necessarily a "crime of moral turpitude" regardless of the actual statutory language and established tests for defining "crime of moral turpitude," see the Board of Immigration Appeals' recent decision in _In re Hugo Yahir TOBAR-LOBO_, 24 I&N Dec. 143 (BIA 2007) (available at http://www.usdoj.gov/eoir/vll/intdec/vol24/3562.pdf )

Posted by: | May 31, 2007 11:25:25 AM

In re Hugo Yahir TOBAR-LOBO is an interesting read, and it would be interesting to read the Ninth's opinion if it makes it there.

Since the Board compares failure to register to child abuse, what if the offense that required registration was not for child abuse? How can failure to register be more abusive than the initial crime?

For example, in U.S. v. Pallares-Galan, 02-10532, the Ninth found that "the defendant's California conviction for annoying/molesting a minor (Cal. Pen. Code ยง 647.6(a)), was not categorically an aggravated felony."

It is sometimes child sexual abuse, sometimes not. It is difficult reconcile the offense itself not being deportable, but failure to register for the same offense is. In our "Minority Report" world, that could be how it goes by slipping in the "moral turpitude" qualifier.

Posted by: George | May 31, 2007 4:34:25 PM

I'm a senior attorney at the National District Attorneys Association, and the self-appointed 'guru' for all things SORNA.

I assume he pled under the Jacob Wetterling statute? Does anyone know for sure? I keep a running tab of results of these SORNA prosecutions for my trainings...

Posted by: Lori McPherson | Jun 6, 2007 7:42:28 AM

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