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May 23, 2008

Notable Adam Walsh Act ruling from Eleventh Circuit

In a (per curiam) ruling discussing (and avoiding) various issues related to the Adam Walsh Act, the Eleventh Circuit today in US v. Madera, No. 07-12176 (11th Cir. May 23, 2008) (available here), reverses one of the first district court rulings concerning the federal crime of "failing to register as a sex offender in violation of 18 U.S.C. § 2250(a) and the Adam Walsh Child Protection and Safety Act of 2006."  As highlighted in these passages, however, the ruling is quite narrow:

Because Madera’s indictment concerns his failure to register during the gap period between SORNA’s enactment and the Attorney General’s retroactivity determination, he cannot be prosecuted for violating SORNA during that time. Thus, his indictment is due to be dismissed, and the judgment of the district court is reversed.

Having decided the case on this basis, we need not reach the important constitutional questions raised in Madera’s appeal.

May 23, 2008 at 11:29 AM | Permalink

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I've been following the Madera case for a while now and when I was out of town, the decision from the 11th Circuit was filed. Basically, the court found for Madera because the prosecution was before a declaration of retroactive [Read More]

Tracked on May 29, 2008 6:42:38 PM

Comments

I too; am a Registered Offender currently living in southwest PA. Just last year, I unintentionally missed an annual Registration Meeting with the local State Police Station I usually go to, to take care of my required duties. Last year, I missed registering, because I was under the impression I already had done so after returning from a trip out West to see an immediate family member of mine. I got so caught up in the workload of last year as we were extremely busy. Just last January of this year, I finally found out that I was under violation of Megan's Law for just this very thing.
I have struggled to do everything I am supposed to according to Law, to maintain my duty requirements. I have never willingly or knowingly tried to get around registering. I am NOT one to try running away from, dodging, or in any way trying to get around doing what I know I must...because I know it is in the best interests of everyone in society, most especially Children.
I too, am also a Grandfather, and pray every day that my own Granddaughter who lives out of state with her parents, is not a victim of a Sex Offense herself. I have no problem with doing what is required. Yet, I also am afraid of some people deciding that I am worthy of death...just because of the crimes I committed BEFORE moving here to PA! There are those that have threatened me with shooting, stabbing, hanging, beatings, etc! Yet, I feel like I cannot adequately defend myself, even if such people should or would break into my apartment while I'm sleeping-and I also live alone too-just to kill me!!!
I have done my time. I maintain a job. I pay Taxes. I lost a Spouse over two years ago to a Doctor that didn't know what the heck he was doing after her surgical procedure. Now my History will no doubt come up in Court over my Litigation, and my Stepchildren-who incidentally are all grown themselves with families of their own too-will also suffer because of my history...which has absolutely nothing to do with the Litigation I am seeking for my Stepchildren as well as myself over the loss of their Mother. I lost a Wife to a Medical Procedure Error in a Doctor's Judgement. Yet, my stepchildren lost a Mother, and their children lost a Grandmother!!
I made a mistake in not doing what I was supposed to do. I am not one to try running away from this. Only Cowards, Idiots, and Fools run. I am NOT any of those, and I refuse to be. I stand up and face what I must like a Man, but I simply pray and hope to God-who loves me as much as He does anyone else-that when I do go to Court, I don't have to look at the prospect of Lifetime in Prison over a simple mistake like this. I've made a mess of my own life enough, and the lives of the people I made victims of. They-I pray-are going on in life, and I would like to do just the same with my own...while continuing to do what I must to comply with the Laws. I cannot change what's going to be on the books. It will be, what it will be regardless of what I think, or feel.
However, I only ask this: I wish to keep my Life and Status as a Human Being...even if I'm also Black!

Posted by: John Black Doe | May 31, 2008 5:01:33 PM

i was convicted of rape in1981. when i got out of prison in 1988. i failed to complete parole and was sent back to prison. igot back out in 1991 and did the same thing got sent back on a parole violation again. got out in 1992 same thing parole violation. went back to prison for 8 years on a parole violation. got out in 2000, i then had to report to the county as a sex offender, mind you i have never had a hearing in no court classing me as a sex offender. i violated my parole by not having an address and was charged as not registrating as a sex offender. as to date ive never been in front of any judge classing me as a sex offender. now they want to make me report for the rest of my life. i was only registrating once a year. that was about to end. my judge in 1981 didnt say anything then about all of this. ill never trust any goverment with my rights what i got left. the goverment in nothing but terriosts themselves. i cant get a job nowhere who is going to give me a check? the county or state or feds so i can live. the goverment is nothig but liers and theives.

Posted by: james sex offender | Jul 26, 2008 6:47:19 PM

I have a son who is now 22 years old. At the age of 20 he was accused by his cousin of touching her innaproperatly when he was between the ages of 9 - 14 years old. Since he was almost 21 at the time of these accusations the the State of Pennsylvania wanted to charge him as an adult. To avoid this we agreed to a plea bargin of 2 misdemeanor sexual charges. (exposure being the most serious). He was given 3 years probation and told no megans law. Now (due to adams/walsh) he will be branded a sexual predator for his entire life and forced to report every 3 months. Failure to report could mean a life prison sentence with no trial. We are trying to overtune her plea via a prca and if we win will be forced into adult court for a trial. The expenses are tremendous. The state and federal goverment are throwing lifes away, even our childrens. Its a disgrace. Father

Posted by: Mark Ferrar | Aug 13, 2008 4:53:31 PM

To the man posting about his son if I were you I would read the Adam Walsh Act as it was signed into law. There is a section that deals with juvenile convictions/adjudications. Now Im unsure from your post whether or not he was adjudicated as ajuvenile in the plea agreement or if it was an adult conviction but in the Act is states that an offender must be convicted in or to be subject to the requirements of The Walsh Act. It defines conviction as of course any adult conviction and only certain Juvenile Adjudications but only if the offender is/was 14 years or older at the time of the offense and the offense adjudicated was comparable to or more severe than Aggravated Sexual Abuse( As described in section 2241 of Title 18, United States Code) or was an attempt or conspiracy to commit such an offense. Its section 111 part 8 of The Adam Walsh Act. Also in USA-vs-Powers in Florida a Federal Court Judge determined that the law was unconstitutional and that Congress had overstepped their authority in the matter. The government has yet to have filed an appeal to that courts ruling. Also a case in Neveda that had the law declared unconstitutional. I am not a lawyer but someone who got an adjudication for attempted CSC 1 at the age of 13 and have been fighting with the state to get my name removed from the list for the last 3 years. Look on Cornell University website for the exact law as it was written when signed into law by President Bush in 2006. Information is power in any struggle with State or Federal government. Use the very law they have written to help yourself when they wont. States intrepret what they think the law means and requires but it says it in black and white no intrepretation necessary.

Posted by: Anthony Brothers | Jan 28, 2009 6:23:32 PM

To the man posting about his son if I were you I would read the Adam Walsh Act as it was signed into law. There is a section that deals with juvenile convictions/adjudications. Now Im unsure from your post whether or not he was adjudicated as ajuvenile in the plea agreement or if it was an adult conviction but in the Act is states that an offender must be convicted in or to be subject to the requirements of The Walsh Act. It defines conviction as of course any adult conviction and only certain Juvenile Adjudications but only if the offender is/was 14 years or older at the time of the offense and the offense adjudicated was comparable to or more severe than Aggravated Sexual Abuse( As described in section 2241 of Title 18, United States Code) or was an attempt or conspiracy to commit such an offense. Its section 111 part 8 of The Adam Walsh Act. Also in USA-vs-Powers in Florida a Federal Court Judge determined that the law was unconstitutional and that Congress had overstepped their authority in the matter. The government has yet to have filed an appeal to that courts ruling. Also a case in Neveda that had the law declared unconstitutional. I am not a lawyer but someone who got an adjudication for attempted CSC 1 at the age of 13 and have been fighting with the state to get my name removed from the list for the last 3 years. Look on Cornell University website for the exact law as it was written when signed into law by President Bush in 2006. Information is power in any struggle with State or Federal government. Use the very law they have written to help yourself when they wont. States intrepret what they think the law means and requires but it says it in black and white no intrepretation necessary.

Posted by: Anthony Brothers | Jan 28, 2009 6:25:27 PM

To the man posting about his son if I were you I would read the Adam Walsh Act as it was signed into law. There is a section that deals with juvenile convictions/adjudications. Now Im unsure from your post whether or not he was adjudicated as ajuvenile in the plea agreement or if it was an adult conviction but in the Act is states that an offender must be convicted in or to be subject to the requirements of The Walsh Act. It defines conviction as of course any adult conviction and only certain Juvenile Adjudications but only if the offender is/was 14 years or older at the time of the offense and the offense adjudicated was comparable to or more severe than Aggravated Sexual Abuse( As described in section 2241 of Title 18, United States Code) or was an attempt or conspiracy to commit such an offense. Its section 111 part 8 of The Adam Walsh Act. Also in USA-vs-Powers in Florida a Federal Court Judge determined that the law was unconstitutional and that Congress had overstepped their authority in the matter. The government has yet to have filed an appeal to that courts ruling. Also a case in Neveda that had the law declared unconstitutional. I am not a lawyer but someone who got an adjudication for attempted CSC 1 at the age of 13 and have been fighting with the state to get my name removed from the list for the last 3 years. Look on Cornell University website for the exact law as it was written when signed into law by President Bush in 2006. Information is power in any struggle with State or Federal government. Use the very law they have written to help yourself when they wont. States intrepret what they think the law means and requires but it says it in black and white no intrepretation necessary.

Posted by: Anthony Brothers | Jan 28, 2009 6:25:45 PM

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