United States v. Alton Young
872 F.3d 742
| 5th Cir. | 2017Background
- Alton Young was convicted in Mississippi (Nov. 17, 2009) under Miss. Code § 97-5-23 for touching a child for lustful purposes and thus was a required sex-offender registrant under SORNA.
- Young failed to register and pleaded guilty (Aug. 4, 2016) to failure to register under 18 U.S.C. § 2250(a).
- The Presentence Investigation Report classified Young as a Tier III sex offender based on his Mississippi conviction, leading to a higher Sentencing Guidelines range (18–24 months vs. 10–16 months for Tier I).
- Young objected, arguing the district court should apply the categorical approach and that the Mississippi statute is broader than the federal generic offense of abusive sexual contact, so it should not trigger Tier III treatment.
- The government urged the Fifth Circuit precedent allowing a circumstance-specific approach, but ultimately conceded that the categorical approach should be used; it argued the Mississippi statute’s intent element (lust/depraved sexual desires) aligns it with federal abusive sexual contact.
- The district court overruled Young’s objection, sentenced him to 24 months, and Young appealed the Tier III classification; the Fifth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mississippi § 97-5-23 is "comparable to or more severe than" federal abusive sexual contact for SORNA Tier III classification | Young: Mississippi statute is broader because it criminalizes touching of any body part (including shoulder/ear/toe) and touching with objects; also covers victims under 16 while federal provision references under 13 (age issue waived) | Govt: The Mississippi statute requires lustful intent, aligning it with federal abusive sexual contact; no evidence Mississippi prosecutes innocuous touchings; categorical approach should be used | The court applied the categorical approach and held the Mississippi statute is comparable to federal abusive sexual contact; Tier III classification affirmed |
Key Cases Cited
- United States v. Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017) (a defendant must show a realistic probability, not a theoretical possibility, that a state would apply its statute to nongeneric conduct)
- United States v. Coleman, [citation="681 F. App'x 413"] (5th Cir. 2017) (comparison of state statute to federal abusive sexual contact in SORNA tiering)
- United States v. White, 782 F.3d 1118 (10th Cir. 2015) (applies categorical approach for statute-to-statute comparisons but distinguishes age determinations)
- United States v. Berry, 814 F.3d 192 (4th Cir. 2016) (follows categorical approach for SORNA tier comparisons)
- Gonzales v. Duenas-Alvarez, 549 U.S. 183 (U.S. 2007) (establishes the realistic-probability test for categorical approach analyses)