888 F.3d 1134
10th Cir.2018Background
- Adams pleaded guilty in 2014 for failing to register as a sex offender; sentenced to prison and five years supervised release with a SORNA-compliance condition.
- In July 2016 Adams registered in Oklahoma City, then moved to Tulsa where he was homeless and allegedly reported weekly registration to his probation officer.
- Tulsa probation officer Belluomo testified she instructed Adams to register as homeless and that Adams told her he could register weekly; Tulsa and state registry records showed no Tulsa registration after July 2016.
- District court found Belluomo credible, Adams not credible, concluded Adams failed to update his SORNA registration after changing residence, and revoked supervised release (18 months imprisonment plus 18 months supervised release).
- On appeal Adams argued the government produced no evidence he "resided" in Tulsa for SORNA purposes (the 30-day "habitually lives" element); he forfeited the argument below, so review was for plain error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence that Adams "resided" in Tulsa for SORNA (i.e., habitually lived there for 30 days or intended to) | Government: Probation officer’s testimony that Adams met repeatedly in Tulsa, reported weekly registration, and was instructed to register as homeless supports inference he habitually lived in Tulsa | Adams: No evidence he established residence in Tulsa for SORNA purposes (did not live there 30+ days or intend to) | Affirmed: Preponderance of evidence supported finding he habitually lived in Tulsa (homelessness permits non-fixed-address registration) |
| Whether failure to update registration within 3 business days was proven | Government: Because Adams habitually lived in Tulsa and never registered there, he failed to timely update | Adams: If he did not change residence, he had no duty to update | Rejected: Court found the underlying residency change and failure to register proved the SORNA violation |
Key Cases Cited
- United States v. Rios-Morales, 878 F.3d 978 (10th Cir. 2017) (sets plain-error standard for appellate review of forfeited arguments)
- United States v. Alexander, 817 F.3d 1205 (10th Cir. 2016) (interprets SORNA "habitually lives" and recommends jury instruction including 30-day rule)